[Federal Register Volume 71, Number 236 (Friday, December 8, 2006)]
[Rules and Regulations]
[Pages 71430-71455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9608]



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Part V





Department of Labor





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Mine Safety and Health Administration



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30 CFR Parts 3, 48, 50, and 75



Emergency Mine Evacuation; Final Rule

Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / 
Rules and Regulations

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 3, 48, 50, 75

RIN 1219-AB46


Emergency Mine Evacuation

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Final rule.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is issuing 
this final rule to revise the Agency's Emergency Temporary Standard 
(ETS), which addresses standards in the Code of Federal Regulations 
(CFR), title 30, parts 48, 50, and 75. The final rule includes 
requirements for increased availability and storage of self-contained 
self-rescue devices (SCSRs); improved emergency evacuation drills and 
self-contained self-rescue device training; and the installation and 
maintenance of lifelines in underground coal mines. In addition, the 
final rule requires immediate accident notification applicable to all 
mines. The requirements provide an improved, integrated approach to 
emergency evacuation training and emergency preparedness. This final 
rule does not reduce protections afforded miners under existing 
standards.

DATES: Effective Date: This rule is effective December 8, 2006.
    Compliance Dates:
    Sec. Sec.  48.3 and 75.1502--The operator shall submit a revised 
training plan and a revised program of instruction to the appropriate 
District Manager for approval no later than February 6, 2007, and 
conduct training within 30 days of plan approval.
    Sec.  75.1504--The operator shall complete the initial quarterly 
emergency mine evacuation training and drill no later than March 31, 
2007.
    Sec.  75.1504(c)(3)--The operator shall place purchase orders for 
realistic SCSR training units or devices within 30 days of notification 
by MSHA that the units are available, and conduct this component of 
expectations training within 60 days of receipt of the units. MSHA will 
notify mine operators of the availability of realistic SCSR training 
units by publishing a notice in the Federal Register.
    Sec. Sec.  75.1714-6 and 75.1714-7--The operator shall provide 
emergency tethers and handheld, multi-gas detectors no later than 
February 6, 2007.
    Sec.  75.1714-8--The operator shall complete the self-contained 
self-rescue (SCSR) device inventory no later than March 31, 2007.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office 
of Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard, 
Room 2350, Arlington, Virginia 22209-3939. Ms. Silvey can be reached at 
<a href="/cdn-cgi/l/email-protection#186b71746e7d613668796c6a717b7179587c7774367f776e"><span class="__cf_email__" data-cfemail="96e5fffae0f3efb8e6f7e2e4fff5fff7d6f2f9fab8f1f9e0">[email protected]</span></a> (internet e-mail), 202-693-9440 (voice), or 
202-693-9441 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Introduction

    The outline of this final rule is as follows:

I. Introduction
    A. Background of the Final Rule
    B. General Discussion of the Final Rule
II. Section-By-Section Analysis
    A. Part 48--Training and Retraining of Miners
    B. Part 50--Notification, Investigation, Reports and Records of 
Accidents, Injuries, Illnesses, Employment, and Coal Production in 
Mines
    C. Part 75--Mandatory Safety Standards--Underground Coal Mines
III. Derivation and Distribution Tables
IV. Executive Order 12866
    A. Population-at-Risk
    B. Compliance Costs
    C. Benefits
V. Feasibility
VI. Regulatory Flexibility Act and Small Business Regulatory 
Enforcement Fairness Act (SBREFA)
    A. Definition of a Small Mine
    B. Factual Basis for Certification
VII. Paperwork Reduction Act of 1995
    A. Summary
    B. Procedural Details
VIII. Other Regulatory Considerations
    A. The Unfunded Mandates Reform Act of 1995
    B. The Treasury and General Government Appropriations Act of 
1999: Assessment of Federal Regulations and Policies on Families
    C. Executive Order 12630: Government Actions and Interference 
With Constitutionally Protected Property Rights
    D. Executive Order 12988: Civil Justice Reform
    E. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. Executive Order 13272: Proper Consideration of Small Entities 
in Agency Rulemaking
IX. Final Rule Text

A. Background of the Final Rule

    In developing the final rule, MSHA considered accident and injury 
data, research studies and data, implementation and enforcement 
experience, and the written comments and hearing testimony on the 
Emergency Temporary Standard (ETS), as well as provisions of the Mine 
Improvement and New Emergency Response Act of 2006 (Pub. L. 109-236) 
(MINER Act).
1. Emergency Temporary Standard
    MSHA issued an ETS on March 9, 2006 (71 FR 12252) in accordance 
with Section 101(b) of the Federal Mine Safety and Health Act of 1977 
(Mine Act). Mine emergencies in underground coal mines, particularly 
the accidents at the Sago and Aracoma Alma mines in January 2006, led 
MSHA to conclude that a more integrated approach to mine emergency 
response and evacuation was necessary. In issuing the ETS, MSHA acted 
to protect miners from a grave danger associated with mine emergencies 
and evacuations. In accordance with the Mine Act, the ETS served as the 
proposed rule, and was effective immediately upon publication. This 
final rule addresses standards and issues in the ETS.
    The ETS included requirements for underground coal mine operators 
to: provide additional self-contained self-rescue devices (SCSRs) for 
persons working underground; conduct improved SCSR training and more 
realistic evacuation drills; and install and maintain lifelines in both 
escapeways. The ETS also required all mine operators to immediately 
notify MSHA of accidents within 15 minutes.
    MSHA solicited public comments on the ETS and held four public 
hearings. These hearings took place on: April 24, 2006, in Lakewood, 
Colorado; April 26, 2006, in Lexington, Kentucky; April 28, 2006, in 
Arlington, Virginia; and May 9, 2006, in Charleston, West Virginia (71 
FR 15028). The public comment period, scheduled to close on May 30, 
2006, was extended to June 29, 2006 (71 FR 29785), in response to a 
request from the public and to allow the public additional time to 
respond to the 17 questions and other issues raised in the ETS and in 
MSHA's opening statement at the public hearings. Comments and public 
hearing transcripts are available on MSHA's website at www.msha.gov. 
MSHA considered all relevant comments when developing this final rule.
2. The Mine Improvement and New Emergency Response Act of 2006
    Responding to the Sago and Aracoma Alma mine tragedies, Congress 
enacted the MINER Act, which was signed by the President on June 15, 
2006. The MINER Act amended the Mine Act and, among other things, 
included provisions

[[Page 71431]]

that addressed some of the same requirements as the ETS. The MINER Act 
included requirements for SCSR storage, training, lifelines, and 
accident notification.
    MSHA issued Program Policy Letter (PPL) No. P06-V-8 on July 21, 
2006, PPL No. P06-V-9 on August 4, 2006, and PPL No. P06-V-10 on 
October 24, 2006, providing guidance to the mining industry for 
implementing Emergency Response Plans in accordance with Section 2 of 
the MINER Act. In the final rule, MSHA reconciles the ETS with 
applicable provisions of the MINER Act.
3. Timeline for Implementation of the Final Rule
    MSHA provides mine operators additional time to comply with various 
provisions of this final rule. The mine operator may have to revise 
training, emergency evacuation, or firefighting plans; train miners in 
new and revised provisions; determine the locations for SCSR storage; 
purchase and install equipment, as applicable; or compile SCSR 
inventories. Because of ETS and MINER Act requirements, operators will 
already be in compliance with many of the provisions in this final.
    Underground coal mine operators must submit a revised training plan 
for part 48 and a revised program of instruction for Sec.  75.1502 to 
the relevant MSHA District Manager for approval no later than February 
6, 2007. The operator must train in accordance with the revised program 
under 30 CFR 75.1502 within 30 days of plan approval. Any new or 
revised training plan and program must incorporate new and revised 
requirements, even if the equipment necessary to conduct the training 
is not yet available. The final rule allows operators until February 6, 
2007, to obtain tethers and hand-held, multi-gas detectors.
    The final rule also allows operators until March 31, 2007 (the 
first quarter of 2007) to complete the mine emergency evacuation 
training and drill required by Sec.  75.1504 and the SCSR inventory 
required by Sec.  75.1714-8. The final rule does not include a specific 
compliance date for one component of ``expectations'' training required 
by Sec.  75.1504(c) because realistic SCSR training units, or devices 
that provide the sensation of SCSR airflow resistance and heat, are not 
yet available for purchase. The final rule requires the mine operator 
to have a purchase order for these realistic SCSR training units within 
30 days of notification by MSHA that the units are available. The mine 
operator must complete training on breathing through a realistic SCSR 
training unit or equivalent device within 60 days of receipt of the 
training units.
    MSHA will accept, as good faith evidence of compliance with the 
final rule, purchase orders for: SCSR training units and mouthpieces 
(Sec.  75.1504); additional SCSRs (Sec.  75.1714-4); tethers (Sec.  
75.1714-6); and handheld multi-gas detectors (Sec.  75.1714-7). The 
Agency will also accept contracts with a training facility to provide 
SCSR ``expectations'' training [Sec.  75.1504(c)] as good faith 
evidence of compliance with the final rule.

B. General Discussion of the Final Rule

    The final rule helps assure that miners, mine operators, and MSHA 
will be able to respond quickly and effectively in the event of an 
emergency. It includes requirements for mine operators to provide 
increased capability for mine emergency response and evacuation and 
covers SCSR availability and storage; training and drills; lifelines, 
tethers, and multi-gas detectors; and accident notification.
1. Self-Contained Self-Rescue Devices (SCSRs)
    Explosions and mine fires are an ever-present threat in an 
underground coal mine and can present a grave potential hazard to 
underground coal miners due to toxic atmospheres and limited 
visibility. Contaminated air can contain volatile hydrocarbons, 
chlorine, hydrogen cyanide, isocyanates, oxides of nitrogen, and oxides 
of sulfur. These contaminants are more complex and potentially more 
harmful than carbon monoxide and carbon dioxide, the ordinary 
combustion products of coal fires.
    SCSRs are closed-circuit breathing devices containing or producing 
an independent supply of oxygen, enabling miners to breathe in the 
presence of hazardous or life-threatening contaminants in the mine 
atmosphere. SCSRs allow miners to escape from mine fires, explosions, 
and other incidents where an irrespirable mine atmosphere is present. 
Since 1980, MSHA has required that each person working in an 
underground coal mine have immediate access to an SCSR.
    The final rule adds requirements to assure that SCSRs are 
maintained in good condition and are accessible to all underground 
miners. The final rule also includes requirements to assure that miners 
know when and how to use SCSRs effectively.
2. Effective Mine Emergency Training and Response
    The best technology, equipment, and emergency supplies are of 
little use if they are not used effectively or at all. Emergencies can 
cause disorientation and panic. The appropriate response in a mine 
emergency can be vital to survival. Training is critical to instilling 
discipline, confidence, and skill necessary to successfully escape and 
survive an emergency. The final rule requires more comprehensive 
training and realistic mine emergency evacuation training and drills to 
help assure that underground coal miners can respond quickly and 
appropriately to life threatening mine emergencies.
3. Continuous Directional Lifelines and Tethers
    MSHA intends that miners, not required to respond to a mine 
emergency, evacuate the mine as quickly as possible. In this final 
rule, MSHA reiterates that, in the event of a mine emergency, the first 
line of defense is to evacuate the mine. To assist miners in evacuating 
the mine under conditions of panic and poor visibility, the final rule 
requires mine operators to provide both continuous directional 
lifelines and tethers. Continuous, directional lifelines are required 
to be installed and maintained in both the primary and alternate 
escapeways to guide miners to a mine exit. Tethers are required to be 
stored at inby storage locations and on mantrips so that members of a 
mine crew can link together while evacuating the mine.
4. Notifying MSHA of Accidents
    In emergencies, where delay in responding can mean the difference 
between life and death, immediate notification leads to the 
mobilization of an effective mine emergency response. Immediate 
notification activates MSHA emergency response efforts, which can be 
critical in saving lives, stabilizing the situation, and preserving the 
accident scene. Immediate notification also promotes Agency assistance 
of the mine's first responder efforts. In other situations, it allows 
for a range of appropriate Agency responses depending on the 
circumstances. It alerts MSHA to trends or warning signals that can 
trigger a special inspection, an investigation, or targeted 
enforcement. This communication also encourages operators and miners to 
work with MSHA to develop procedures that prevent incidents from 
resulting in more hazardous situations, ultimately leading to 
disasters.

II. Section-By-Section Analysis

    This final rule adds new requirements in 30 CFR parts 48, 50, and 
75. In addition, this final rule makes non-substantive conforming 
amendments to

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30 CFR part 3 to reflect changed numbering of standards and to display 
additional OMB control numbers under the Paperwork Reduction Act of 
1995.

A. Part 48--Training and Retraining of Miners

    The final rule makes several changes to the training standards in 
30 CFR part 48. It modifies SCSR donning procedures by removing the 
option allowing underground coal miners to simulate the insertion of 
the mouthpiece while explaining this task.
    Commenters were concerned that ETS training requirements applied 
only to underground coal mines. They stated that underground metal and 
nonmetal mines face the same evacuation needs as coal mines when a 
fire, explosion, or gas or water inundation occurs underground. 
Commenters expressed concern that MSHA was making a substantive change 
to the training courses in Sec. Sec.  48.5(b)(5) and 48.6(b)(5) by 
referencing 30 CFR 57.11053 (escape and evacuation plans applicable to 
metal and nonmetal mines). Another commenter expressed concern that the 
ETS was ambiguous with respect to some provisions in 30 CFR part 48. 
This commenter asked MSHA to clarify that the changes to part 48 apply 
only to underground coal mines.
    The training provisions in the ETS applied only to underground coal 
mines, and not to metal and nonmetal mines. Similarly, the training 
provisions in this final rule apply only to underground coal mines, and 
not to metal and nonmetal mines. Although the final rule retains the 
reference to 30 CFR 57.11053, it makes no change to the training 
requirement for metal and nonmetal evacuation procedures. Changes to 
metal and nonmetal emergency evacuation procedures in 30 CFR part 57 
are beyond the scope of this final rule.
    Some commenters were concerned that, by adding new or expanded 
requirements, new miner and annual refresher training would become more 
overloaded. These commenters recommended that MSHA remove mine 
emergency training requirements from part 48 and consolidate them in 
part 75. These commenters stated that consolidating mine emergency 
evacuation training requirements in part 75 would emphasize the 
importance of this training.
    In response to commenters' concerns, the final rule transfers to 
part 75, part 48 annual refresher training requirements on self-rescue 
devices and on mine maps, escapeways, emergency evacuation, and 
firefighting, and integrates them with mine emergency evacuation 
training and drill requirements. By providing underground coal miners 
with an integrated, more realistic training experience quarterly, this 
final rule will increase training effectiveness. Because this training 
now will be conducted under part 75, the time that was previously 
allotted for it, in the 8 hours of annual refresher training required 
under part 48, can be used for other health and safety subjects.
    Under the final rule, independent contractors who do not receive 
this training under part 75 will continue to receive it under part 48. 
For these workers, this training will continue to count toward part 48 
training requirements.
1. Section 48.3 Training Plans
    This final rule modifies Sec.  48.3(p) to require each operator of 
an underground coal mine, who is required to submit a revised program 
of instruction for 30 CFR 75.1502, to also submit a revised training 
plan under part 48. Consistent with MSHA's past practice, to minimize 
administrative burdens, the Agency will provide coal mine operators 
with a training plan addendum to address the change made in SCSR 
donning procedures requiring insertion of the mouthpiece. Underground 
coal mine operators can attach the addendum to their approved training 
plan in lieu of resubmitting the entire part 48 training plan for 
approval.
2. Sections 48.5(b)(2), 48.6(b)(12), 48.8(b)(8), and 48.11(a)(4) Self-
Rescue and Respiratory Devices
    The final rule retains the ETS requirements for self-rescue and 
respiratory device training, including instruction and demonstration in 
the use, care, and maintenance of self-rescue and respiratory devices 
used at the mine. The ETS standards required hands-on training in SCSR 
donning procedures, including a requirement that the miner insert the 
mouthpiece or simulate this task while explaining proper insertion, and 
a requirement for hands-on training in transferring from a ``self-
rescue device to an SCSR.'' The final rule revises the existing 
standard and removes the option allowing miners to simulate inserting 
the mouthpiece while explaining proper insertion. The final rule also 
clarifies MSHA's intent that transferring from a ``self-rescue device 
to an SCSR'' applies to all applicable self-rescue devices at the mine.
    Under the final rule, after receiving new or experienced miner 
training, underground coal miners will receive SCSR donning and 
transferring training under part 75, as part of the emergency mine 
evacuation training and drills, rather than under part 48 annual 
refresher training. Independent contractors who do not participate in 
mine emergency evacuation drills conducted under part 75 must continue 
to receive SCSR donning and transferring training under Sec.  48.8, 
annual refresher training, and Sec.  48.11, hazard training.
    The existing standards emphasize that proficiency in donning the 
SCSR is essential for a miner to successfully escape the mine during a 
mine emergency. The MINER Act further underscores this by requiring 
SCSR ``training for each miner in proper procedures for donning self-
rescuers, switching from one unit to another, and ensuring a proper 
fit.'' MSHA experience and data show that a simulation of inserting the 
SCSR mouthpiece does not adequately provide the miner with the 
necessary skills to obtain a proper fit of the mouthpiece. Benefits 
supporting actual insertion of the mouthpiece include the miner's 
experience of a proper fit of the mouthpiece and the sensation of 
resistance breathing. This aspect of SCSR training is more effective 
when taught and learned in a safe environment, rather than in an 
emergency evacuation situation.
    Some commenters pointed out that insertion of the mouthpiece is a 
motor skill that requires practice to develop proficiency, and that 
simulation does not really provide this type of training. Several 
commenters supported training that included actual insertion of the 
mouthpiece using a training mouthpiece. One suggested that an 
economical disposable mouthpiece be developed for use in 
``expectations'' training. Referencing his company's participation in 
Bureau of Mines' research studies in the early 1980's, one commenter 
stated that miners at his mine were each provided with their own 
mouthpiece and corrugated hose, which would simulate breathing 
resistance and function as a personal training unit. One SCSR 
manufacturer makes a mouthpiece that not only simulates the breathing 
resistance of their SCSR, but is easily removable from the SCSR 
training unit. As pointed out by one commenter, these portable 
mouthpieces could be purchased for each employee, which would alleviate 
any hygienic concerns.
    The mining public has expressed concern over sharing a training 
mouthpiece even after it is cleaned and disinfected. Some miners have 
resisted using these devices, stating that the sanitizing methods may 
not be effective.

[[Page 71433]]

In ``Cleaning, Disinfecting, and Sterilizing Self-Contained Self-
Rescuer Mouthpiece Assemblies Used in Hands-On Training,'' \1\ the 
Bureau of Mines describes some procedures for disinfecting mouthpieces. 
MSHA understands that insertion of the mouthpiece may cause some 
anxiety in miners; however, with proper cleaning and disinfecting, or 
personal mouthpieces, miners' anxiety should be minimized. Cleaning and 
disinfecting shared mouthpieces and providing disposable or personal 
mouthpieces are acceptable for training.
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    \1\ NIOSH, Information Circular IC 9236, 1989.
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    One commenter pointed out that--

    Information on the correct procedures [for transferring SCSR 
units] is not provided by the manufacturer, especially from one 
manufacturer's unit to another. Also, no instructions are available 
to transfer from a chemical generating oxygen unit to a compressed 
oxygen type unit or vice-versa.

MSHA has developed training materials to assist mine operators and 
certified instructors in providing training on transferring between all 
applicable SCSRs. MSHA will make training materials available to mine 
operators and post them on the Agency's Web site.
3. Section 48.8(b)(4) Roof or Ground Control, Ventilation, Emergency 
Evacuation and Firefighting Plans
    The final rule makes a conforming amendment to Sec.  48.8(b)(4) to 
clarify that underground coal miners who receive quarterly training on 
emergency evacuation and firefighting plans in effect at the mine, as 
part of the emergency mine evacuation training and drills under Sec.  
75.1504, are not required to receive this training as part of their 
annual refresher training.
4. Sections 48.5(e) and 48.6(f) Participation in Evacuation Drills
    This final rule removes Sec. Sec.  48.5(e) and 48.6(f). These 
paragraphs in the ETS had been added to require new or newly employed 
experienced coal miners to participate in the next escapeway or 
evacuation drill. The final rule consolidates and expands the escapeway 
and evacuation drill requirements for underground coal mines under 
Sec.  75.1504 and transfers the requirement for newly hired miners to 
participate in the next evacuation drill to Sec.  75.1504(a)(1). The 
initial drill requirements in Sec. Sec.  48.5(e) and 48.6(f) are no 
longer needed.
5. Section 48.11(a)(4) Hazard Training
    This final rule retains the existing requirement for hands-on 
training in donning an SCSR and transferring from one self-rescue 
device to an SCSR. The final rule revises the ETS requirement to 
clarify MSHA's intent that hands-on training in transferring is between 
all applicable self-rescue devices at the mine. This final rule also 
revises the SCSR donning protocol to require insertion of the 
mouthpiece. Section II.A.2. of this preamble discusses this change.
    Some commenters stated that the requirements for hands-on training 
in donning and transferring all types of SCSRs used at the mine is 
unnecessary for non-mining personnel. They suggest that non-mining 
personnel, such as visitors and vendors, can receive adequate training 
via demonstration or video review of the use of an SCSR. Some suggested 
limited training on a designated unit. Others stated that--

* * * with regard to hazard training, we recommend clearly providing 
the operators the flexibility to accept form 5023 [sic] 
documentation of applicable, up-to-date SCSR training in lieu of 
hands-on training for non-mine employees * * *.

    Commenters stated that training non-mining personnel on donning 
multiple types of SCSRs would be counterproductive and that training on 
transferring between all self-rescue devices at the mine would be 
overwhelming and provide little benefit, especially for visitors. 
Commenters pointed out that these persons are accompanied at all times 
by an experienced miner who could assist them in the unlikely event of 
a mine emergency requiring the use of an SCSR.
    MSHA's experience and data suggest that all persons underground 
must be provided practical, hands-on experience in donning and 
transferring an SCSR. The final rule requires hands-on SCSR donning and 
transferring training for visitors, short-term workers, or independent 
contractors not regularly exposed to mine hazards under Sec.  48.11, 
hazard training, rather than under Sec.  75.1504. If the mine uses only 
one type of SCSR, these persons must be trained to don and transfer 
only that one type. If visitors, short-term workers, or independent 
contractors are going into the mine past an SCSR storage location that 
contains a different type SCSR than the one carried, these persons must 
be trained to don and transfer between both types of SCSRs before going 
underground. Training in transferring from one SCSR to another SCSR 
will provide them with skill needed to transfer to and don another 
SCSR. Even though accompanied by an experienced miner, at a minimum, 
visitors must be prepared to independently, quickly, and correctly don 
and transfer an SCSR. MSHA agrees that SCSR training for visitors, 
short-term workers, or independent contractors unfamiliar with mining 
could be confusing and that they may not always retain all the steps 
required to don and transfer. If these persons are involved in a mine 
emergency, direct assistance or instruction may be impossible. The 
better prepared these persons, however, the better their chance for 
donning the SCSR correctly during the first few critical minutes of a 
mine emergency.

B. Part 50--Notification, Investigation, Reports and Records of 
Accidents, Injuries, Illnesses, Employment, and Coal Production in 
Mines

    Notifying MSHA of accidents must be a priority of the mine 
operator. Any unnecessary delay can result in loss of life or other 
harmful consequences. The final rule retains the requirement in the ETS 
that mine operators notify MSHA of all accidents immediately and within 
15 minutes. The final rule also revises the definition for two types of 
reportable accidents, ``fire'' and ``entrapment.''
    On January 2, 2006, the operator of the Sago Mine delayed notifying 
MSHA of the explosion for more than 2 hours. MSHA issued the ETS with 
the 15-minute immediate notification requirement, effective March 9, 
2006. Subsequently, when the explosion at the Darby Mine occurred on 
May 20, 2006, the operator alerted MSHA within 5 minutes of being aware 
of the explosion. This allowed MSHA to immediately initiate a rescue 
response.
1. Section 50.2(h) Definition of Accident
    The final rule amends the definition for two types of reportable 
accidents.
    a. Section 50.2(h)(3): Accident Definition for Entrapment. Under 
the ETS and the previous standard, ``accident'' included ``[a]n 
entrapment of an individual for more than thirty minutes.'' Section 
5(a) of the MINER Act amends Section 103(j) of the Mine Act pertaining 
to the reporting of accidents to include an ``entrapment of an 
individual at the mine which has a reasonable potential to cause 
death.'' Thus, to conform with the MINER Act, the final rule amends the 
definition of ``accident'' under Sec.  50.2(h)(3) to include such 
entrapments.
    In using the ``reasonable potential to cause death'' basis for 
injuries and entrapments, the MINER Act and the final rule retain an 
element of judgment. This ``reasonable potential'' language also 
appeared under the ETS and the prior standard in relation to injuries. 
According to the Federal Mine Safety and Health Review Commission 
(Commission), the operator's decision as

[[Page 71434]]

to what constitutes a ``reasonable potential to cause death'' ``cannot 
be made upon the basis of clinical or hypertechnical opinions as to a 
miner's chance of survival.'' The judgment is based on what a 
reasonable person would discern under the circumstances, particularly 
when ``[t]he decision to call MSHA must be made in a matter of minutes 
after a serious accident.'' [See Cougar Coal, 25 FMSHRC 513 at 521 
(September 5, 2003)]. Based on MSHA experience and common medical 
knowledge, some types of ``injuries which have a reasonable potential 
to cause death'' include concussions, cases requiring cardio-pulmonary 
resuscitation (CPR), limb amputations, major upper body blunt force 
trauma, and cases of intermittent or extended unconsciousness. These 
injuries can result from various indicative events, including an 
irrespirable atmosphere or ignitable gas, compromised ventilation 
controls, and roof instability.
    b. Section 50.2(h)(6): Accident Definition for Mine Fires. Mine 
fires have been an ongoing Agency concern. Underground fires can lead 
to catastrophic consequences under certain conditions. The prior 
standard required operators to report fires not extinguished within 30 
minutes of discovery. Almost all fires occurring in underground mines 
are extinguished within 30 minutes of discovery. Many of those fires, 
however, have the potential to cause injury or death, particularly if 
the underlying causes are not addressed. Knowing the locations of these 
fires can help miners, mine operators, and MSHA identify problem areas 
requiring corrective action.
    In the ETS, MSHA solicited comment on Sec.  50.2(h)(6). MSHA was 
concerned that some fires extinguished within 30 minutes, such as fires 
occurring in the same place, can signal a serious or potentially 
serious hazard. MSHA specifically asked whether the definition should 
be revised to cover all unplanned underground mine fires, or fires of 
particular types, duration, or locations.
    Some commenters supported retaining the existing definition. They 
said that the 30-minute cut-off is adequate and clear, and there is no 
compelling reason to change it. They said that fires extinguished in a 
shorter period of time include many fires that do not present any 
significant hazard. They said that reporting all fires would be 
burdensome and involve an unnecessary use of resources. A log was 
suggested to alleviate the reporting burden.
    Other commenters, however, said that the definition should be 
broadened to include all unplanned underground mine fires. These 
commenters pointed out that fires can be devastating to a mine and the 
miners. They said that it should not be left up to mine operators to 
decide how long it takes to extinguish a fire. They said that fires are 
seriously under-reported. They also said that if fires remain 
unreported, then the mine operator is less likely to eliminate the 
source of the problem. Another commenter urged MSHA to consider the 
issue of belt flammability stating that belt fires ``require escape in 
many instances.''
    The final rule retains the existing requirement for reporting fires 
for surface mines and surface areas of underground mines. Surface fires 
do not involve the hazard potential that underground fires present in a 
confined environment. For unplanned underground fires, the final rule 
expands the definition of accident to include all fires not 
extinguished within 10 minutes of discovery.
    We agree with a commenter who, basing the comment on experience in 
the Pittsburgh seam, said that 30 minutes is ``entirely too long,'' 
because a fire that's been burning for 30 minutes can be ``totally out 
of control.'' Similarly, belt fires that include open flame, smoldering 
coal, smoking belts, or hot glowing rollers, can be hard to control. 
MSHA experience and data include a number of belt fires, among them the 
Alma Aracoma fire on January 19, 2006, that could not be contained by 
the miners at the scene. MSHA expects that the increased reporting of 
unplanned underground fires, including belt fires, will help focus 
attention on problems that need to be identified and corrected before 
developing into an uncontrollable fire.
    The requirement to report all underground fires not extinguished 
within 10 minutes of discovery will address those fires requiring 
activation of the fire-fighting plan and evacuation of miners. Based on 
Agency experience and data, MSHA determined that 10 minutes is a 
reasonable time for attempting to extinguish a fire and to notify the 
surface. In an underground environment, if miners attempt to fight the 
fire for 30 minutes and are unsuccessful, the fire will probably become 
uncontrollable. The revised reporting requirement will result in 
earlier plan activation as miners will more quickly notify supervisors 
who can call in firefighting crews while the other miners get out of 
harm's way. The final rule's requirement to report fires not 
extinguished within 10 minutes targets fires that can jeopardize safety 
while excluding minor, nuisance events.
2. Section 50.10 Immediate Notification
    The final rule retains the requirement in the ETS that mine 
operators notify MSHA immediately of all reportable accidents. 
Immediate notification is defined as ``at once without delay and within 
15 minutes.'' It is significant to note, however, that the higher 
penalties, for failing to ``provide timely notification'' to MSHA, 
apply only to those accidents that are specified in Section 5(a) of the 
MINER Act. These are accidents that involve ``the death of an 
individual at the mine, or an injury or entrapment of an individual at 
the mine which has a reasonable potential to cause death.'' The final 
rule, like the MINER Act, does not include any exceptions to the 15-
minute notification provision.
    a. Notifying MSHA within 15 Minutes. Before the ETS, the standard 
required operators to contact MSHA ``immediately'' if an accident 
occurred. The ETS required that all accidents be reported at once 
without delay and within 15 minutes, with an exception for lost 
communications. While many commenters said they supported the goal of 
notification, they opposed the 15-minute requirement. Commenters said 
that 15 minutes passes too fast, is too short, and does not allow for 
the gathering of sufficient information. Instead of 15 minutes, 
commenters suggested 30 minutes and an hour or more as alternatives.
    Other commenters suggested that MSHA eliminate any specified time 
requirement and revert back to the general pre-ETS ``immediately 
contact'' standard. They said it was flexible, acknowledged those 
situations where operators ``did the best they could,'' and allowed for 
``wiggle room.'' Commenters noted that about 90 percent of the 
accidents reported to MSHA in 2005 were ``unplanned roof falls at or 
above the anchorage point, and damage to hoisting equipment,'' and did 
not involve an injury to a miner. These commenters stated that the 15-
minute requirement should not apply in those non-emergency cases, and 
that MSHA could be overwhelmed with reporting and false alarms. Other 
commenters stated that the 15-minute requirement should not apply in 
situations in which the operator had to perform rescue or life-saving 
actions.
    Other commenters supported the 15-minute requirement for all 
accidents. They said that MSHA can best decide what to do with the 
information it gets. They said the problem is one of under-reporting 
accidents, not over-reporting. These commenters said that delays in

[[Page 71435]]

reporting accidents, like the delay in reporting the Sago accident, are 
unacceptable. The commenters also said that requiring notification 
within 15 minutes actually aids operators by removing uncertainty 
concerning when to notify MSHA.
    As mentioned above, the MINER Act was signed into law on June 15, 
2006. Several comments suggested retaining the 15-minute requirement 
for only the accidents specified in the MINER Act. In addition, 
commenters suggested limiting that requirement to underground coal 
mines or including a life saving exception. Other comments, however, 
supported the 15-minute reporting requirement in the ETS. One commenter 
said that the sooner individuals with expertise arrive at the scene 
``the better the chances for a successful outcome.''
    MSHA's experience with implementation of the ETS indicates that the 
15-minute requirement for reporting all accidents is working. The 
operator's reporting of the Darby explosion serves as an example of how 
timely reporting can result in effective mobilization of emergency 
response resources. Operators of varying mine sizes and types have been 
able to meet the 15-minute requirement under the ETS. Some operators 
may have had to alter their response procedures to ensure quicker 
notification.
    Timely reporting can be crucial in emergency, life-threatening 
situations to activate effective emergency response and rescue. Not 
only can this be vital to the saving of lives, but it can be 
instrumental to having expert Agency personnel at the scene with 
authority to assure that the accident site remains undisturbed and 
preserved for investigation into causes. For remote operations, it 
enables MSHA to quickly communicate with local rescue and emergency 
services. While many reported accidents do not involve an injury or are 
non-emergencies, they may be near misses or signify a trend or problem 
that left uncorrected can be extremely hazardous. Fires, explosions, 
and gas and water inundations are of special concern.
    In making the decision to retain the notification requirement in 
the ETS, MSHA considered the dynamic nature of the mining industry. The 
mining environment is ever-changing; there is always the threat of new 
hazards or dangers. The reporting of roof falls, unplanned explosions, 
haulage accidents, or unstable conditions at impoundments, for example, 
may necessitate critical, pro-active corrective actions and the need 
for emergency response assistance. The demand for many mining 
commodities is accelerating. Production growth can push mining into 
depths with more structural instability. As the chance for encountering 
older underground works and strata increases, so does the potential for 
gas and water inundation.
    Based on MSHA's experience under the ETS, ``within 15 minutes'' 
provides adequate time for operators to notify MSHA with sufficient 
information. For example, the mine operator often knows the general 
character of an event, such as an explosion or inundation, and can 
report it under the 15-minute requirement before knowing whether a 
person has been injured or killed or whether the event is life 
threatening. MSHA's experience and data reveal that reportable 
accidents are not common. The 15-minute requirement poses no 
significant increased burden on the mining industry while providing 
improved protection for miners.
    A number of commenters stated that having to notify MSHA within 15 
minutes could interfere with the operator's rescue efforts and calling 
911. They said that operators should not be expected to divert from 
life saving and emergency activities to phone MSHA. This can arise 
particularly with small operators who may need to engage any and all 
available personnel to respond to an emergency. They said there should 
be an exception for those life saving and emergency activities in 
addition to the exception for loss of communications.
    Other commenters, however, disputed the need for any exception. One 
commenter pointed out that loss of communications in a mine is an 
indicator of a problem, and the mine operator ``must be required to 
contact MSHA with the information available to him within the mandatory 
time frame.'' Some commenters objected to saying that the 15-minute 
notification requirement could interfere with rescue or life saving. 
They said operators can anticipate problems in their emergency plans. 
Moreover, the commenters said that operators can use cell phones, 
blackberries, or other communication devices, which they readily use to 
make other calls in emergency situations. One commenter stated that 
``[A]ny operator who cannot initiate onsite emergency efforts and call 
the regulatory agency should not be in the mining business.''
    The final rule, like the MINER Act, does not include any exceptions 
to the 15-minute notification provision, including one for loss of 
communications. As noted above, some commenters sought an exception for 
life saving, or for directing rescue efforts. If a situation were to 
arise involving extenuating circumstances, such as an operator having 
to choose between saving someone's life and notifying MSHA, enforcement 
discretion would take those circumstances into account. MSHA does not 
expect that an operator who has to make a decision between rendering 
life-saving assistance and calling MSHA would be penalized for 
providing that assistance.
    Pointing out that the ETS addressed events in underground coal 
mines, a few commenters said that the 15-minute notification provision 
should apply only to underground coal or other underground mines. Other 
commenters said that MSHA activation of a response team does not 
usually occur for accidents at surface operations. Consistent with the 
MINER Act, the final rule does not limit the notification provision to 
underground mines. Accidents and deaths occur at all types of mines. 
Surface mines, for example, over the years have suffered numerous 
fires; serious haulage, equipment, and explosives accidents; 
electrocutions; highwall failures; explosions; and impoundment 
failures. Prompt notification focuses MSHA, operators, and miners on 
problem areas. Even where MSHA does not activate an emergency response, 
the Agency conducts an investigation. Prompt notification enables MSHA 
to secure an accident site, preserving vital evidence that can 
otherwise be easily lost. In addition, prompt notification provides 
MSHA with data to accurately determine trends and means of prevention.
    There also was comment on what triggers the 15-minute period. Some 
commenters said that the MINER Act should be followed literally with 
one commenter stating that the 15-minute period should commence once 
the operator ``realizes'' an accident has occurred. While the MINER Act 
uses ``realizes,'' that commenter conceded that there is ``some 
ambiguity'' in the term.
    Consistent with current case law and interpretation of the 
notification provision, the final rule alternatively uses the 
clarifying terms ``once the mine operator knows or should know,'' based 
on the judgment of a reasonable person. MSHA acknowledges that the 
operator needs time to determine whether an accident has occurred in 
the first place. As stated in the preamble to the ETS, the Federal Mine 
Safety and Health Review Commission (FMSHRC) interpreted the 
notification standard to allow reasonable time for the operator to make 
that determination. MSHA recognizes that an operator may not know 
instantly when an accident occurs, but emphasizes that the operator

[[Page 71436]]

must make that determination promptly, consistent with the underlying 
purpose of the standard. Thus, an operator, like any reasonable person 
under the circumstances, is held to know or realize that an accident 
has occurred.
    The final rule retains the ETS terms ``at once and without delay,'' 
which highlight that reporting must be done promptly. Though a 
commenter said that these terms are synonyms and should be deleted, the 
terms are dictionary references used by the Commission in defining and 
emphasizing what is intended by ``immediately.'' [See Consolidation 
Coal, 11 FMSHRC 1935 at 1938 (October 31, 1989).] ``Immediately'' is to 
be understood ``in light of the [notification] regulation's command of 
prompt, vigorous action.''
    b. Method of Notification. Many commenters stated that the method 
of contacting MSHA needed to be improved and streamlined. In the ETS 
and prior standard, operators were directed to first contact the 
appropriate MSHA District Office and, failing that, to use a 1-800 
number to an MSHA headquarters answering service. Commenters said that 
this system was often inefficient and time consuming, taking a number 
of phone calls to accomplish notification. Many commenters advocated a 
nationwide call center, staffed by knowledgeable persons, where the 
mine operator could place one call to take care of notification. Other 
suggestions included a District system of emergency phone numbers with 
staff coverage 24 hours a day, 7 days per week, or a one-call system to 
voice mail.
    MSHA agrees that the system for contacting the Agency needed to be 
improved. MSHA has acquired a nationwide call system; thus, the final 
rule eliminates the requirement that mine operators first notify the 
appropriate District Office. MSHA has set up an improved system that 
provides a person to answer calls 24 hours per day, 7 days per week. 
The final rule lists the toll-free number, which is the same number 
mine operators currently use for notification purposes. Once the mine 
operator calls the toll-free service, notification is achieved.

C. Part 75--Mandatory Safety Standards--Underground Coal Mines

    This final rule does not address Sec. Sec.  75.350(b)(7), 
75.380(n), and 75.383(c), which were deleted in the ETS. The final rule 
also makes organizational changes and adds paragraph headings and 
numbers to make specific requirements easier to find and understand, to 
clarify existing provisions, and to accommodate new and transferred 
provisions. These non-substantive revisions do not reduce protection 
for miners.
1. Sections 75.380 and 75.381 Lifelines in Escapeways
    The final rule retains ETS requirements Sec. Sec.  75.380(d)(7) and 
75.381(c)(5) that provide for the use of directional lifelines in both 
the primary and alternate escapeways for underground bituminous, 
lignite, and anthracite coal mines. The final rule requires that a 
continuous, directional lifeline be installed and maintained in each 
escapeway. The lifeline must: be marked with a reflective material 
every 25 feet; be located in a manner that allows miners to use it 
effectively to escape; have tactile directional indicators signifying 
the direction of escape placed at intervals not exceeding 100 feet; and 
be attached to and mark the location of stored SCSRs. The final rule 
also adds a requirement that lifelines be made of flame-resistant 
material upon replacement, and that all lifelines be flame-resistant no 
later than June 15, 2009, to conform with Section 2 of the MINER Act.
    A directional lifeline is generally a rope made of durable 
material, although the final rule, like the ETS allows an equivalent 
device, such as a pipe or handrail. Some commenters stated that a track 
or belt structure could be considered an equivalent device. MSHA has 
clarified in this final rule that a lifeline must provide tactile 
feedback to indicate the direction of escape. In an emergency, 
visibility may be limited and render devices, such as a track or belt 
structure, ineffective as a means of indicating direction. MSHA is 
concerned that the mine operator will be unable to attach tactile 
directional indicators, which are resistant to physical damage, to a 
track or belt structure. Because tactile directional indicators on a 
track or belt structure are likely to be damaged during normal mining 
activities, MSHA does not believe that a track or belt structure would 
provide safety equivalent to a lifeline and considers them to be 
unreliable and impractical. In addition, MSHA is concerned that a 
conveyor belt structure used as a lifeline presents a significant 
potential hazard to escaping miners, unless the belts are both de-
energized and locked-out. Further, a track used as a lifeline would 
require escaping miners to crawl to use the tactile indicators on the 
track.
    a. Continuous Lifeline. The final rule, Sec. Sec.  75.380(d)(7)(i) 
and 75.381(c)(5)(i), requires that durable, continuous 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 throughout the entire 
length of each escapeway to the surface escape drift opening, to the 
escape shaft or slope facilities to the surface, or to the surface, as 
applicable.
    Most commenters supported the installation of lifelines in 
escapeways. Other commenters expressed concerns that the installation 
of a lifeline in escapeways where mechanized mining equipment regularly 
travels could result not only in damage to the lifeline, but a damaged 
lifeline could become a potential hazard to personnel. MSHA agrees that 
care needs to be taken when lifelines are installed in escapeways that 
are also used as travelways for mechanized mining equipment. 
Installation techniques are available that will permit lifelines to be 
protected from damage from mobile equipment while still being readily 
available to miners during emergencies. These provisions remain 
unchanged from the ETS.
    b. Flame-Resistant and Reflective. The final rule, Sec. Sec.  
75.380(d)(7)(ii) and 75.381(c)(5)(ii), adds new requirements that 
lifelines be flame-resistant upon replacement of existing lifelines; 
but in no case later than June 15, 2009. This requirement was added to 
respond to comments and to conform the final rule with Section 2 of the 
MINER Act.
    Many commenters stated that lifelines should be made of flame-
resistant material and some suggested that MSHA require lifelines to be 
flame-resistant. MSHA agrees that flame-resistant lifelines provide an 
added degree of protection for miners and the final rule requires that 
lifelines be ``Flame-resistant in accordance with the requirements of 
part 18 of this chapter upon replacement of existing lifelines; but in 
no case later than June 15, 2009.'' The flame-resistant requirements 
contained in part 18 are currently applied to other materials used in 
mining, such as conveyor belt, hose conduit, and packing gland 
materials. MSHA has determined that the Agency's requirements for 
flame-resistant materials are also appropriate for lifelines used in 
underground coal mines. MSHA anticipates that lifeline manufacturers 
will be able to meet the flame-resistant requirement under part 18 and 
will submit products for approval prior to the time specified in the 
final rule.
    The final rule, Sec. Sec.  75.380(d)(7)(iii) and 75.381(c)(5)(iii), 
requires that lifelines be marked with a reflective material every 25 
feet, so that miners can locate

[[Page 71437]]

the lifeline using their cap lamps in low-visibility conditions, such 
as when smoke is present. No comments were received on these provisions 
and they remain unchanged from the ETS.
    c. Lifeline Accessibility. The final rule, Sec. Sec.  
75.380(d)(7)(iv) and 75.381(c)(5)(iv), requires that lifelines be 
positioned so that miners can use them effectively to escape. Proper 
positioning of the lifeline regarding height, accessibility, and 
location as determined by mining conditions improves the ability of 
miners to effectively use lifelines to escape during emergency 
situations. No comments were received on this provision and it remains 
unchanged from the ETS.
    d. Tactile Indicators. The final rule, Sec. Sec.  75.380(d)(7)(v) 
and 75.381(c)(5)(v), requires that lifelines contain tactile indicators 
signifying the direction and route of escape, placed at intervals not 
to exceed 100 feet. In the public hearings, MSHA asked whether 
``direction indicators on lifelines [should] be standardized.'' MSHA 
also asked whether ``the point end of the cone [should] be toward the 
face?'' Most commenters supported standardization of directional 
indicators. This provision in the final rule is changed from the ETS to 
include a new requirement that ``[w]hen cones are used as directional 
indicators, they shall be installed so that the tapered section points 
inby.'' This new requirement is consistent with NIOSH's recommendation 
\2\ and supported by commenters.
---------------------------------------------------------------------------

    \2\ NIOSH, IC 9481, p. 9, 2005.
---------------------------------------------------------------------------

    The final rule, Sec. Sec.  75.380(d)(7)(vi) and 75.381(c)(5)(vi), 
requires that lifelines be ``securely attached to and marked to provide 
tactile feedback indicating the location of any SCSR storage locations 
in the escapeways.'' When visibility is restricted during an emergency, 
tactile feedback is necessary to guide miners to exit the mine and 
would also be necessary to locate additional SCSR storage along the 
escapeway. For this reason, the final rule clarifies that the indicator 
on the lifeline for locating additional SCSRs be tactile.
2. Section 75.383 Escapeway Maps and Drills
    This final rule transfers existing requirements from Sec.  
75.383(a) to a new Sec.  75.1505 and combines Sec.  75.383(b) and ETS 
Sec.  75.1502(c) into a new, improved and expanded Sec.  75.1504. 
Therefore, Sec.  75.383 is no longer necessary and the final rule 
removes it.
    Section 75.383(b)(1) required all miners to participate in a 
practice drill every 90 days; but, the miners only had to travel a 
portion of the escapeways. On the other hand, the drills in Sec.  
75.383(b)(2) and (3) required a supervisor and two miners to travel the 
entire escapeway every 6 weeks. In addition, Sec.  75.383(b)(2) and (3) 
required the operator to rotate miners for these 6-week drills, so that 
all miners participated, and to alternate escapeways, so that the 
escapeways from all sections were traveled to the surface or to the 
exits at the bottom of the shaft or slope. MSHA has determined that 
requiring all miners to travel an entire escapeway each quarter 
provides increased safety for miners and eliminates the need for the 6-
week drill requirement.
    In the opening statement at the public hearings, MSHA stated the 
Agency's intent to incorporate the drill requirements in Sec.  75.383 
with the emergency evacuation drill requirements in ETS Sec.  
75.1502(c) and solicited comments on this approach to emergency 
evacuation drills. Commenters generally supported the elimination of 
the Sec.  75.383 escapeway drills. In response, the final rule 
incorporates requirements from Sec.  75.383(b) into Sec.  75.1504 and 
expands these requirements. These expanded requirements make escapeway 
drills more realistic and, therefore, more effective.
3. Section 75.1502 Mine Emergency Evacuation and Firefighting Program 
of Instruction
    Final rule Sec.  75.1502 contains the requirements for a written 
plan for conducting the training and drills required under Sec. Sec.  
75.1503, 75.1504, and 75.1505. In general, the training plan provisions 
in ETS Sec.  75.1502(a) become Sec.  75.1502; the firefighting 
provisions in Sec.  75.1502(b) become Sec.  75.1503; the evacuation 
training and drill requirements in ETS Sec.  75.1502(c) become Sec.  
75.1504; and the mine and escapeway map requirements in Sec.  75.383(a) 
become Sec.  75.1505. Almost all of the requirements in Sec.  75.1502 
are derived from existing requirements. The final rule conforms the 
program of instruction in Sec.  75.1502 with the requirements added to 
the quarterly training and drills and annual expectations training in 
Sec.  75.1504.
    Commenters were concerned that the ETS had not included miners or 
miners' representatives in the process for developing emergency mine 
evacuation training and drills. MSHA anticipates that mine operators 
will work with miners in developing the program of instruction and 
implementing the mine emergency evacuation training and drills.
    a. Introduction to Sec.  75.1502. The final rule retains 
introductory language from ETS Sec.  75.1502(a); adjusts the frequency 
of training and drills from every 90 days to quarterly; defines the 
quarter based on a calendar year; and includes new implementing 
language. This new implementing language requires that operators submit 
a revised program of instruction to MSHA for approval by February 6, 
2007, and initiate the revised training within 30 days of plan 
approval.
    In the final rule, MSHA adjusts the frequency of training and 
drills from every 90 days to quarterly in response to comments and to 
provide flexibility. MSHA recognizes that some training is more 
appropriately given in a classroom or a simulated mining environment. 
Added flexibility in scheduling will allow operators time to give all 
miners this critical training and drills quarterly. An operator may 
find it more convenient to schedule training and drills over several 
days or weeks depending on the availability of instructors, training 
equipment, or facilities.
    Under the final rule, operators will have the flexibility to 
conduct quarterly mine emergency evacuation training and drills, either 
the first, second, or third month of the quarter. The month in which a 
miner completes mine emergency evacuation training and drills, in 
effect, becomes that miner's ``anniversary'' month for this quarterly 
training. For example, a miner receiving quarterly mine emergency 
training and drills in January, the first month of the first quarter, 
is required to complete the second quarterly training no later than the 
end of April, the first month of the second quarter. If a miner 
completes the training before that miner's anniversary month, then the 
month the training and drills were completed establishes a new 
anniversary month for subsequent training and drills. This is 
consistent with MSHA policy for part 48 annual refresher training.
    Commenters suggested that the requirement for emergency evacuation 
drills be changed from every 90 days to quarterly. One commenter 
suggested that training during a specific month each quarter would 
allow for more effective scheduling of people and resources. Another 
commenter stated that switching to quarterly training would make it 
easier to schedule training in a timely manner if the miner misses a 
drill. This commenter stated that, if a miner is off, more flexibility 
allows the operator time to schedule makeup training and still be in 
compliance.

[[Page 71438]]

    The final rule's change in mine emergency evacuation training and 
drills from every 90 days to quarterly increases flexibility, makes 
recordkeeping easier, and better ensures that all miners participate 
quarterly.
    b. Section 75.1502(a) and (b): Program Approval and New or Revised 
Provisions. The final rule Sec. Sec.  75.1502(a) and (b) retain the 
requirements in ETS Sec.  75.1502(a)(3). Like the ETS, the final rule 
requires the operator to submit a program of instruction, and 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.
    c. Section 75.1502(c): Instruction Plan Contents. The final rule 
has consolidated the requirements for mine emergency evacuation 
training and drills from 30 CFR 48.8 and part 75 in the instruction 
plan under final Sec.  75.1502. Contents of the instruction plan 
include: Mine and escapeway maps; evacuation and firefighting plans; 
locations of abandoned areas, escapeways, exits, and routes of travel 
to the surface; and the location and use of firefighting and fire 
suppression equipment and materials. Although MSHA considers 
consolidation of these requirements to be an administrative change, it 
improves an operator's ability to provide more comprehensive and 
effective evacuation training and drills.
    The final rule retains the existing requirements from ETS Sec.  
75.1502(a)(1); includes evacuation-related training requirements from 
Sec.  48.8; enhances the scenario training; and requires annual 
expectations training. Like the ETS, the final rule requires operators 
to develop scenarios for mine emergencies, including fires, explosions, 
and gas or water inundations, and to develop best options for 
evacuation under each type of emergency. Under the final rule, 
scenarios must include conditions in the mine or circumstances that 
require immediate donning of self-rescue devices. In response to 
questions, the final rule clarifies that scenarios must also include a 
discussion of options and a decision as to the best option in each 
situation.
    To ensure that the scenarios address the various conditions that 
miners may encounter in the event of an emergency, the final rule, 
Sec.  75.1502(c)(2)(ii), includes more examples. It clarifies that the 
scenarios must include, as applicable, instruction in locating and 
using continuous directional lifelines, tethers, and doors; traversing 
undercasts or overcasts; and switching escapeways. MSHA includes this 
requirement to emphasize the importance of using scenarios to conduct 
mine emergency evacuation drills so that miners will be familiarized 
with emergency equipment, including conditions that may be encountered 
in escaping the mine.
    The final rule retains and combines the requirements of ETS Sec.  
75.1502(a)(1)(v) and (vi) in Sec.  75.1502(c)(3). This provision 
requires training on the operation of fire suppression equipment and 
the location and use of firefighting equipment and materials. These 
requirements are unchanged from the ETS.
    ETS Sec.  75.1502(a)(1)(vii) required training on the location of 
escapeways, exits, and routes of travel to the surface, including the 
location [and use] of continuous directional lifelines or equivalent 
devices. The final rule retains this requirement in Sec.  75.1502(c)(4) 
and transfers training on the use of lifelines to evacuation scenarios 
in Sec.  75.1502(c)(2)(ii).
    ETS Sec.  75.1502(a)(1)(viii) required that the instruction plan 
include training on the locations, quantity, types, and use of stored 
SCSRs, if applicable. The final rule retains this requirement in Sec.  
75.1502(c)(5). This provision will help assure that miners receive 
appropriate donning and transfer training on all applicable SCSRs.
    Annual refresher training in Sec.  48.8(b)(4) requires a review of 
the mine map; the escapeway system; the escape, firefighting, and 
emergency evacuation plans in effect at the mine; and the location of 
abandoned areas. The final rule transfers this training requirement to 
Sec.  75.1502(c)(6) for underground coal miners. Miners who receive 
this training as part of their quarterly drills under 30 CFR 
75.1504(b)(4) are not required to take it under part 48. The Agency 
transferred this provision so that emergency evacuation training and 
drills would be consolidated in part 75.
    Final rule Sec.  75.1502(c)(7) includes a new provision requiring 
operators to describe how miners will receive annual expectations 
training, which is an integral component of mine emergency evacuation 
training. This new provision complements the integrated approach to 
training as reflected in the mine emergency evacuation drill 
requirement in final Sec.  75.1504.
    MSHA addresses commenters' concerns about Sec.  75.1502 Mine 
Emergency Evacuation and Firefighting Program of Instruction in Sec.  
75.1504 Mine Emergency Evacuation Training and Drills, which addresses 
the implementation of this program of instruction.
    d. Section 75.1502(d): Instructors. Final rule Sec.  75.1502(d) 
retains unchanged ETS Sec.  75.1502(a)(2) that requires operators to 
designate persons with the appropriate abilities, training, knowledge, 
or experience to provide training and conduct mine emergency evacuation 
drills in his or her area of expertise. The final rule also retains the 
ETS requirement that persons conducting SCSR donning and transferring 
training must be able to effectively train and evaluate whether miners 
can successfully don the SCSR and transfer between all applicable SCSR 
devices.
    MSHA experience and NIOSH research \3\ indicate that, in an 
emergency, effectively trained miners are more likely to recall needed 
knowledge and skills. NIOSH recognizes that a key component of 
effective training is the instructor's ability to communicate their 
knowledge and skills to others and to evaluate performance. Further, 
NIOSH states that good trainers must have extensive knowledge or 
competence in the task or job they are teaching. There were no comments 
on this provision.
---------------------------------------------------------------------------

    \3\ NIOSH, ``Strategies for Improving Miners' Training,'' 
Information Circular IC 9463, DHHS (NIOSH) Publication No. 2002-156, 
September 2002.
---------------------------------------------------------------------------

4. Section 75.1503 Use of Fire Suppression Equipment
    The final rule transfers the requirements for use of fire 
suppression equipment from Sec.  75.1502(b) to new Sec.  75.1503. It is 
administrative and makes no substantive change to the existing 
requirements.
5. Section 75.1504 Mine Emergency Evacuation Training and Drills
    The mine operator's approved program of instruction, in Sec.  
75.1502, contains requirements that the miner must experience in the 
Sec.  75.1504 training and drills. This final rule renumbers and 
revises ETS Sec.  75.1502(c) as final Sec.  75.1504. It also removes 
ETS Sec.  75.1502(c)(4) that had allowed evacuation drills to satisfy 
escapeway drill requirements in Sec.  75.383. Because there are no 
longer any escapeways drills under Sec.  75.383, Sec.  75.1502(c)(4) is 
no longer necessary.
    The ETS enhanced the requirements for evacuation training and 
drills by requiring that these drills be more than a simulation. The 
final rule retains and further enhances evacuation drill requirements 
by integrating mine emergency training from Sec.  48.8 and Sec.  75.383 
into Sec.  75.1504.
    a. Introduction to Sec.  75.1504. In the introductory text to Sec.  
75.1504, the final

[[Page 71439]]

rule incorporates the existing introductory language from ETS Sec.  
75.1502(c). The final rule requires all miners to participate in the 
training and drills. This includes independent contractors who must 
participate in the quarterly drill when it is being conducted in the 
section or working place where they are located.
    b. Section 75.1504(a) Schedule of Training and Drills. As discussed 
previously, the final rule provides mine operators flexibility in 
completing drills on a quarterly basis. This change provides a 
reasonable, defined period of time to complete drills and allows for 
adjustments to accommodate work schedules or conflicts.
    As stated in the ETS, MSHA recognizes that regular and frequent 
participation in emergency evacuation training and drills reinforces 
the miner's knowledge and skill necessary to respond effectively in a 
mine emergency. Frequent drills lessen disorientation, stress, and 
panic that may cause miners to hesitate in making critical decisions or 
to make poor decisions. For this reason, the final rule retains the 
requirement that all miners participate in evacuation training and 
drills, and includes a new requirement for annual expectations training 
under paragraph (c).
    In Sec.  75.1504(a)(1), the final rule requires that a newly hired 
miner, who has not participated in an evacuation training and drill at 
that mine within the previous 3 months, must participate in the next 
applicable drill. This provision provides flexibility to the mine 
operator by allowing up to 3 months for newly hired miners to complete 
the quarterly mine emergency training and drill. This requirement is 
transferred from Sec. Sec.  48.5(e) and 48.6(f).
    In new Sec.  75.1504(a)(2), the final rule requires that a section 
or outby foreman travel both escapeways in their entirety prior to 
assuming duties on the section or outby work location.
    In the opening statement at the public hearings, MSHA asked if 
section bosses should travel both escapeways in their entirety prior to 
assuming duties on that section. Several commenters said that a foreman 
should not be required to travel both escapeways in their entirety. 
Commenters generally agreed that a foreman should travel those portions 
of both escapeways that the foreman has not traveled within the 
previous 3 months. In fact, one commenter stated that this requirement 
makes good practical sense and that all supervisors should be familiar 
with the escapeways prior to assuming their responsibilities.
    MSHA agrees that a foreman needs to have traveled both escapeways 
prior to assuming duties on the section. A foreman is responsible for 
training miners in escapeway drills and must have the training, 
knowledge, or experience to conduct these drills. Also, the foreman is 
in a leadership position and, in the event of an emergency, is 
entrusted with the responsibility for leading miners out of the mine 
safely. To do this, the foreman must have the necessary skills, 
including complete familiarity with both the primary and alternate 
escapeways. MSHA experience is that a well-trained foreman can instill 
confidence in miners and gain their trust. The final rule, accordingly, 
requires a foreman to travel both escapeways prior to assuming duties 
on the section. This includes walking portions as necessary and to 
focus on unique and lifesaving features.
    c. Section 75.1504(b) Content of Drills. Final rule Sec.  
75.1504(b) retains and clarifies ETS Sec.  75.1502(c)(2) requirements 
for a comprehensive, realistic mine emergency evacuation drill, and 
incorporates escapeway drill requirements from Sec.  75.383(b)(1).
    (i) Section 75.1504(b)(1) Hands-On SCSR Training. Before going 
underground, all persons must be able to demonstrate proficiency in 
donning and transferring of SCSRs used in that mine. After initial 
training under 30 CFR part 48, the miner continues to receive ``hands-
on'' training for donning and transferring of self-rescue devices as 
part of the quarterly mine emergency evacuation training and drills.
    If an emergency arises, many miners may have to escape through long 
and difficult underground escapeways containing irrespirable air. MSHA 
has identified problems related to skill degradation in the use of 
SCSRs in mine emergencies. In a series of studies from 1990 through 
1993, the U.S. Bureau of Mines, University of Kentucky, and MSHA 
researchers measured skills degradation. In one study, the proficiency 
rate for donning an SCSR dropped about 80 percent in follow-up 
evaluations conducted about 90 days after training. MSHA recognizes 
that with any nonroutine task, such as donning and transferring of 
SCSRs, knowledge and skill diminish rapidly. SCSR donning is a motor 
skill and research indicates that reinforcing motor skills, through 
more frequent training, will substantially reduce motor-skill 
degradation. In another study \4\ researchers 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].''
---------------------------------------------------------------------------

    \4\ The U.S. Bureau of Mines (Vaught et al., 1993).
---------------------------------------------------------------------------

    The ETS reflected MSHA's conviction that more frequent and 
effective SCSR training is necessary. Based on skills degradation 
research \5\ supporting additional SCSR training, and past experience 
where improved training might have made a difference in an escape, 
final rule Sec.  75.1504(b)(1) retains the ETS requirement for ``hands-
on'' training in the complete donning and transferring of each type of 
SCSR used at the mine.
---------------------------------------------------------------------------

    \5\ Ibid.
---------------------------------------------------------------------------

    To assure that miners can obtain a proper fit of the SCSR 
mouthpiece, the final rule changes the requirement in Sec.  
75.1504(b)(1)(ii) from ``inserting the mouthpiece or simulating this 
task while explaining proper insertion of the mouthpiece'' to 
``inserting the mouthpiece.'' MSHA is concerned that without actually 
physically inserting the mouthpiece, a miner may not gain the skills to 
effectively and properly perform this action. This change is consistent 
with language in the MINER Act that requires all operators to develop 
``an emergency response plan'' for ``ensuring a proper fit'' of an 
SCSR.
    (ii) Section 75.1504(b)(2) Comprehensive SCSR Training. MSHA is 
concerned that some miners may not have been receiving adequate 
emphasis on three important instructions for using an SCSR. Even though 
much of this information is included in existing training courses and 
manufacturers' instructions, the final rule includes these instructions 
to emphasize their importance. This requirement poses no additional 
burden on mine operators.
    In Sec.  75.1504(b)(2)(i), the final rule emphasizes the importance 
of recognizing when the SCSR is not functioning properly and 
demonstrating how to initiate and reinitiate the starting sequence. 
MSHA is concerned that miners may not be able to recognize when an SCSR 
is functioning properly. This may have caused miners to remove their 
SCSRs prematurely, thinking that the device was not working when 
breathing became difficult. Also, miners need the skills and knowledge 
to initiate (cold start) an SCSR if it fails to start automatically 
after the starting sequence is initiated.
    In Sec.  75.1504(b)(2)(ii), the final rule requires that the SCSR 
training emphasize the importance of not removing the mouthpiece until 
the miner is out of the mine. MSHA is concerned that miners may remove 
their mouthpiece before reaching fresh air or to communicate. Even 
though a miner may believe that the air is breathable

[[Page 71440]]

because it appears clear and there is no smoke, the mine air may 
contain high levels of toxic gases or have insufficient oxygen to 
sustain life.
    In Sec.  75.1504(b)(2)(iii), the final rule requires operators to 
instruct miners about the effects of over-breathing the capability of 
the SCSR. SCSRs produce oxygen at a specific flow rate. Rapid and deep 
breathing (over-breathing) caused by panic or physical exertion can 
potentially create more demand for oxygen than an SCSR can supply. Like 
all other respiratory devices, SCSRs are more effective when the miner 
is better trained to understand their capabilities and to use them 
properly.
    (iii) Section 75.1504(b)(3) Realistic Training and Drills. In Sec.  
75.1504(b)(3), the final rule retains and clarifies ETS Sec.  
75.1502(c)(2) requiring a comprehensive, realistic mine emergency 
evacuation drill and integrates the escapeway drill requirements from 
Sec.  75.383(b).
    NIOSH studies \6\ relating to stress and its effect on behavior 
during an emergency noted that miners who had more experience or 
training also tended to report less stress during the exercise. MSHA 
agrees with the NIOSH assessment that miners will be better prepared to 
react more effectively if they are more familiar with and have a better 
appreciation of the requirements for evacuating the mine. By traveling 
both escapeways in their entirety and practicing using the other 
required evacuation tools, miners will gain confidence and a better 
understanding of the time and effort required to evacuate the mine 
successfully in an actual emergency.
---------------------------------------------------------------------------

    \6\ NIOSH. ``Judgment and Decision-Making under Stress: An 
Overview for Emergency Managers,'' (Kowalski and Vaught, YEAR).
---------------------------------------------------------------------------

    Scenarios. In Sec.  75.1504(b)(3), the final rule enhances the 
requirement for a realistic mine emergency evacuation drill by 
specifying that the drill must be initiated based on one of the 
approved mine emergency scenarios from the Mine Emergency Evacuation 
and Firefighting Program of Instruction. To ensure that the four major 
scenarios (fire, explosion, gas or water inundation) are covered each 
year, Sec.  75.1504(b)(3)(i) requires that a different scenario be used 
each quarter. Although ETS Sec.  75.1502(a)(1) included a requirement 
for scenarios, it did not state specifically that these scenarios were 
to be used for conducting the evacuation drills.
    In the opening statement at the public hearings, MSHA stated that 
it intended that scenarios required by the Approved Program of 
Instruction would be used to start and to conduct the mine emergency 
evacuation drills. Commenters generally supported the concept of using 
mine-specific scenarios to conduct mine emergency evacuation drills. 
One commenter recognized the importance of providing ``* * * training 
scenarios that simulate the actual experience.'' Another commenter said 
that operators should routinely update and change the scenarios to 
ensure that they are an adequate learning tool.
    MSHA agrees with commenters that a variety of scenarios provide 
miners with a better, more realistic and effective drill. Depending on 
the conditions at the mine, the mine operator may need to develop more 
than one scenario for each type of mine emergency. The final rule does 
not limit the mine operators' choices of scenarios, but rather includes 
a requirement that scenarios require a discussion of options and a 
decision as to the best option for evacuation in each scenario.
    Traveling Escapeways. The final rule, like the ETS, requires miners 
to travel the primary or alternate escapeway to the surface or exits at 
the bottom of a shaft or slope, physically locating continuous, 
directional lifelines or equivalent devices, tethers, and stored SCSRs, 
as part of their quarterly evacuation drill. To ensure that miners are 
familiar with both escapeways, the final rule retains the requirement 
that the drill be conducted in a different escapeway than the previous 
quarterly drill. Traveling both escapeways provides miners with a more 
realistic experience of unique escapeway conditions they may encounter 
in evacuating the mine, including uneven terrain, ladders, doors, 
airlocks, and overcasts. Hands-on experience with these conditions 
helps assure that the miner can successfully escape the mine in an 
actual emergency. Under the final rule, travel can be by any means of 
conveyance, including mantrips, mobile equipment, or walking.
    The ETS required the mine operator to have miners travel the 
escapeways and physically locate the lifelines and stored SCSRs. MSHA 
stated that miners should be able to safely evacuate a mine without the 
use of mechanized transportation. In both the preamble and MSHA's 
opening statement at the public hearings, MSHA requested comments about 
whether miners should be required to walk the escapeway rather than use 
mechanized transportation during the drills.
    Most commenters expressed concern about the safety and usefulness 
of requiring miners to walk the escapeways. Commenters acknowledged the 
value of physically using lifelines, finding SCSR storage locations, 
and traversing unique or difficult portions of the escapeways; but, 
considered walking an entire escapeway to be unnecessary. These 
commenters were concerned that requiring miners to walk the escapeway 
each quarter would be counterproductive, and urged the Agency to allow 
miners to walk the escapeways in segments. Many commenters expressed 
concern that walking an escapeway would expose miners unnecessarily to 
increased risk of injury, especially the aging workforce. These 
commenters pointed out that a few injuries during an actual emergency 
are acceptable; but, they are not acceptable during a drill.
    MSHA received several comments that addressed underground mine 
firefighting drills (Sec.  75.383). Commenters acknowledged that miners 
walked the escapeways under existing Sec.  75.383(b) drills and were 
concerned that, in combining the escapeway and evacuation drills, 
miners would be required to walk an escapeway every 90 days.
    MSHA considered commenters' concerns and agrees that walking each 
escapeway in its entirety is not necessary to provide the miner a 
realistic experience of evacuating the mine. Furthermore, MSHA agrees 
that requiring all miners to walk entire escapeways may expose miners 
unnecessarily to physical strain. An evacuation may involve a 
combination of travel modes, including both mechanized transportation 
and walking. MSHA encourages rapid evacuation of all miners in an 
emergency. In most cases, this will involve the use of mechanized 
transportation. The unique characteristics of the escapeways, 
conditions caused by the emergency, or required training such as 
physically locating lifelines and SCSRs, however, may prevent the use 
of mechanized transportation. Walking may be necessary in those 
circumstances. In response to commenters' concerns, the final rule 
includes a performance-based requirement that miners travel the 
escapeway, including traversing or negotiating specific portions and 
switching escapeways, as applicable. This means that miners will walk 
certain portions to complete the required training, such as in 
physically locating and practicing the use of lifelines.
    (iv) Section 75.1504(b)(4) Review of Emergency Escapeway Maps and 
Plans. Final rule Sec.  75.1504(b)(4) combines requirements for a 
review of the mine and escapeway maps, the firefighting plan, and the 
mine emergency evacuation plan in effect at the mine

[[Page 71441]]

[from existing Sec. Sec.  48.8(b)(4), 75.383(b)(4), and 75.1502(a)]. In 
Sec.  75.1504(b)(4)(i), the final rule requires the operator to inform 
miners of the locations of fire doors, check curtains, changes in the 
routes of travel, and plans for diverting smoke from escapeways. In 
Sec.  75.1504(b)(4)(ii), the final rule requires that, in reviewing 
maps and plans, the operator train miners in locating abandoned areas, 
escapeways, exits, and routes of travel to the surface, including the 
location of continuous directional lifelines or equivalent devices. 
This training complements Sec.  75.1504(b)(3) by having miners learn to 
locate on the mine map the key items that they must physically use or 
locate during the realistic escapeway drill.
    (v) Section 75.1504(b)(5) Firefighting Training. Final rule Sec.  
75.1504(b)(5) combines requirements for training miners on the 
operation of the fire suppression equipment available in the mine and 
the location and use of firefighting equipment and materials [from ETS 
Sec.  75.1502(a)(1)(v) and (vi)]. This paragraph contains no new 
requirements.
    (d) Section 75.1504(c) Annual Expectations Training. Section 
75.1504(c) is a new requirement that provides miners with a realistic 
experience of using an SCSR in an emergency situation. MSHA is 
concerned that miners do not always understand what to expect when 
using an SCSR. The SCSR expectations training requires the miner to don 
and transfer an SCSR in smoke, simulated smoke, or an equivalent 
environment. It also requires the miner to breathe through a realistic 
SCSR training unit or an equivalent device that provides the actual 
sensation of SCSR airflow resistance and heat.
    In 2005, NIOSH provided a guidance document to the mining industry 
that identifies training techniques for increasing skill levels of 
miners. NIOSH concluded that training is more effective when it is both 
realistic and experiential.\7\ Training that provides the miner with a 
more realistic experience of both the physical and emotional challenges 
that the miner may encounter in an actual life-threatening emergency is 
commonly referred to as ``expectations'' training. NIOSH \8\ has been 
conducting trials with non-toxic smoke in underground mines. NIOSH 
notes that--
---------------------------------------------------------------------------

    \7\ NIOSH, ``Fire Response Preparedness for Underground Mines,'' 
Informational Circular IC 9481, 2005.
    \8\ NIOSH, ``Emerging Technologies: Aiding Responders in Mine 
Emergencies and During the Escape from Smoke-Filled Passageways,'' 
2002.

    Quality training enhances the awareness of mine fire hazards and 
promotes self-confidence. One of the strong points of the 
underground smoke training exercise was that miners felt they were 
---------------------------------------------------------------------------
better prepared for a real life situation.

While the NIOSH research was conducted in underground mines, MSHA 
recognizes that conducting SCSR smoke training in an active mine may be 
difficult, and agrees with commenters that, in most cases, this 
training can be provided on the surface. MSHA expects that some state 
agencies and private vendors will develop portable expectations 
training facilities that can be brought to a mine for this training.
    In response to recent mine accidents requiring emergency evacuation 
of the mine in a toxic environment, MSHA has determined that miners 
need SCSR expectations training. The final rule requires this training 
annually. Expectations training can be used to comply with the 
requirements for donning and transferring the SCSR under paragraph 
(b)(1) as part of a mine emergency evacuation drill.
    In the preamble and in the opening statement at the public 
hearings, MSHA asked whether it would be more instructive to conduct a 
more realistic drill. As an example, MSHA suggested using smoke, or a 
realistic mouthpiece that provides the user with the sensation of 
actually breathing through an SCSR. In general, the responses to this 
question were supportive. Commenters recognized that training is more 
effective when it is more realistic. One commenter said that realistic 
training would be more meaningful. One commenter stated that, for the 
best results, the drill should require the same action as if it were a 
real emergency. Another commenter, who had received SCSR training in 
smoke, said ``I want to be as sincere as possible when I tell you that 
this was the single most enlightening experience of my 35 years 
underground.'' Several commenters were concerned that conducting 
training in smoke would be hazardous to the miners and another was 
concerned that providing this training in an underground mine would be 
difficult. As indicated by several commenters, in most cases, this 
training is better when conducted on the surface in an environment that 
can be controlled. Commenters recommended a truck or trailer designed 
for this training and the possibility of developing additional 
simulation laboratories in the coal fields where miners could go to 
receive SCSR expectations training.
    While some mine operators or training facilities may use actual 
smoke, it was never MSHA's intention to require this training to be 
done in actual smoke. Operators can use a non-toxic smoke, such as 
theatrical smoke, which is harmless. MSHA intends that this training 
help miners realize the burden of donning, transferring, and using an 
SCSR in conditions of low visibility and stress.
    In Sec.  75.1504(c)(2), the final rule requires a miner to 
participate in annual expectations training within one quarter of being 
employed at the mine. Likewise, for a miner returning to work after an 
absence during which the miner missed this training, the miner must 
receive the training within one quarter.
    One issue with providing realistic SCSR training is the 
availability of ``live'' training units. Currently, there is only one 
manufacturer who has developed a prototype training unit; this unit is 
not yet in production. MSHA expects that, based on the requirements of 
this rule, other SCSR manufacturers will develop, produce, and market 
realistic SCSR training units. For this reason, in Sec.  75.1504(c)(3), 
the final rule requires the mine operator to have a purchase order for 
realistic SCSR training units or devices within 30 days of notification 
by MSHA that the units are available. MSHA will notify mine operators 
of the availability of realistic SCSR training units and where to 
purchase them by publishing a notice in the Federal Register. The final 
rule also requires the operator to provide expectations training within 
60 days of receipt of the units. MSHA will accept, as good faith 
evidence of compliance, purchase orders or contracts to buy realistic 
SCSR training units.
    e. Section 75.1504(d) Certification of Drills. The final rule 
retains the requirement that the mine operator certify, by signature 
and date, that the mine emergency evacuation training and drills were 
held in accordance with the requirements of this section. The final 
rule also retains the ETS requirements that mine operators keep the 
certifications for one year and make them available to authorized 
representatives of the Secretary and to miners' representatives.
    The final rule expands the certification to include foremen 
traveling both escapeways prior to assuming their duties and annual 
expectations training for all miners. The final rule also expands the 
certification to require that it be made at the completion of each 
quarterly drill, annual expectations training, or other training. The 
certification must identify miners, by name, who participated in each 
emergency evacuation training and drill or other training. For each 
miner, the certification must list the content of

[[Page 71442]]

the drill completed, including the escapeway traveled and scenario 
used.
    The final rule also adds a requirement that the operator provide 
each miner a copy of the certificate for his or her own training when 
the miner requests a copy. This requirement reflects industry practice 
to provide the miner access to and a copy of his or her own training 
record at no cost to the miner.
    In the opening statement at the public hearings, MSHA specifically 
asked whether the training record for the mine emergency evacuation 
training and drill should include additional information, such as a 
checklist. MSHA stated that the checklist could be used to itemize the 
successful completion of each step of the training, as outlined in the 
approved program of instruction. Considering the number of aspects to 
be addressed in each drill and the flexibility built into the various 
requirements, MSHA expects that mine operators would need to keep track 
of this training to facilitate compliance.
    Commenters generally supported a checklist as an effective tool for 
managing and evaluating this training; however, they felt that a 
checklist should be optional. Commenters recognized the usefulness of a 
checklist to itemize the successful completion of each step of the 
training and for keeping track of those components of the drills that 
change, such as scenarios. They stated that a checklist helps assure 
that the training and drills include all the topics that are required 
by the standard. Another commenter stated that--

    When you use that checklist, if there is something people 
struggle with, it gives you that information. You know where to 
focus your efforts, particularly in between drills.

One commenter further stated that developing performance-based 
checklists that identify self-escape competencies would be a valuable 
tool to evaluate the proficiency of miners. Others stated that 
checklists can vary in size and complexity; that a checklist is not the 
only way to manage; a list of names, simply put on paper, does nothing 
for anyone. Another commenter stated that the energy required for 
maintaining these checklists could be better spent on training miners 
rather than dealing with another recordkeeping issue.
    Although acknowledging that a checklist of activities is 
beneficial, one commenter was convinced that ``requiring this limited 
documentation is ineffective for assuring that the training was 
successfully performed, in whole or in part.'' This commenter said that 
MSHA has a responsibility beyond paperwork compliance to ensure that 
the training was conducted. This commenter also cited several examples 
of cases where the recordkeeping was kept, but the training was not 
completed. This commenter recommended that, to ensure that evacuation 
training and drills are completed, MSHA must be present to witness this 
activity.
    In response to comments, the final rule does not include a 
requirement for a checklist. MSHA does recommend, however, that mine 
operators develop a system to help manage these drills. MSHA expects 
that mine operators will use some type of system, such as a checklist 
or other effective alternative, to track the completion of the various 
components of these drills for each miner, so as to assure that all 
miners receive the required training. The final rule lists the 
information to be included on the training certificate, but does not 
specify how the operator is to keep track of this information. To 
facilitate operator compliance with the drill requirements, MSHA will 
develop a sample checklist and make it available in the Compliance 
Guide for this final rule, which will be posted on MSHA's Web site at 
http://www.msha.gov.
6. Section 75.1505 Escapeway Maps [Existing Sec.  75.383(a)]
    The final rule transfers the escapeway map requirements in Sec.  
75.383(a) to Sec.  75.1505. This change is administrative only. MSHA 
received no specific comments on transferring this paragraph.
7. Section 75.1714 Availability of Approved Self-Rescue Devices; 
Instruction in Use and Location
    The final rule revises Sec.  75.1714(b) to clarify that all persons 
must have SCSR donning and transferring training before going 
underground. This administrative change eliminates duplication of 
requirements and potential confusion or conflicts.
8. Sections 75.1714-2(f), 75.1714-2(g)(2), and 75.1714-4(e) 
Identification and Directional Signs for SCSR Storage Locations
    Like the ETS, final Sec. Sec.  75.1714-2(f), 75.1714-2(g)(2), and 
75.1714-4(e) require signs made of reflective material to identify SCSR 
storage locations and to direct miners to those locations. The 
requirements for these signs were similar for all three provisions in 
the ETS; MSHA evaluated the comments accordingly.
    One commenter thought the requirement for direction signs was vague 
``as to where these signs should be posted.'' A more specific 
requirement for posting direction signs leading to an SCSR storage 
location would be counterproductive because the location for storing 
SCSRs will vary from mine to mine. Each mine operator must determine 
the best place for hanging these signs, considering the condition of 
the area surrounding the storage locations.
    MSHA specifically requested comments in the ETS preamble and at the 
public hearings, on the appropriateness of requiring reflective signs 
to help locate SCSR storage locations and whether alternative methods 
are available for making storage locations easier to locate when 
conditions in the mine might obscure visibility. Many commenters agreed 
that reflective signs could be useful. One commenter thought that SCSR 
storage locations should have reflective doors, or the doors should be 
outlined in reflective material, so that miners could find SCSRs even 
if they were crawling. Some commenters pointed out that reflective 
signs would not be useful when thick smoke was present and that other 
steps would be needed, or that other options, such as strobe lights, 
sirens, or attaching lifelines to the SCSR storage containers, should 
be allowed. Other commenters thought that strobe lights were not 
necessary and could present an explosion hazard in the presence of 
methane.
    While MSHA realizes that reflective signs may not be helpful in all 
situations, the requirement that a sign be made of a reflective 
material enhances miner safety by increasing the visibility of SCSR 
storage locations and by making them easier to locate. The reflective 
quality provides an advantage, such as when power is out in the mine: 
reflective signs allow the miner to locate an SCSR and evacuate the 
mine more quickly. A cap-light or outside light can reflect off the 
sign making it much more visible than one not made of a reflective 
material. For this reason, the final rule retains the requirement that 
signs identifying SCSR storage locations and directing miners to these 
storage locations be made of reflective material.
    Although the ETS did not revise the words required to be displayed, 
MSHA received many comments requesting that MSHA allow signs to use the 
term ``SCSRs'' instead of ``SELF-RESCUER'' or ``SELF-RESCUERS.'' One 
commenter stated that MSHA was being too prescriptive in requiring such 
specific wording. These commenters stated that the term ``SCSRs'' is 
used industry-wide.
    The terms required to be displayed on the signs predated the ETS: 
Sec.  75.1714-2(f) required the signs to say ``SELF-

[[Page 71443]]

RESCUER'' or ``SELF-RESCUERS'' and Sec.  75.1714-2(g)(2) required the 
signs to say ``SELF-RESCUERS.'' The purpose for requiring signs to 
display specific terms is to maintain consistency throughout the 
underground coal mining industry. Requiring consistent wording enhances 
safety by helping to ensure that, in an emergency situation, a miner 
will be able to readily identify where SCSRs are stored, even when the 
miner works at a different mine. MSHA agrees with commenters that 
``SCSR'' is a commonly used term; therefore, the final rule permits the 
use of either term, ``SCSRs'' or ``SELF-RESCUERS,'' to indicate the 
location of stored SCSRs.
    Final Sec.  75.1714-2(f) inserts a provision inadvertently omitted 
from former Sec.  75.1714-2(f) when the ETS was published. That 
requirement read, ``If a SCSR is not carried out of the mine at the end 
of a miner's shift, the place of storage must be approved by the 
District Manager.'' Since the requirement was inadvertently omitted, 
the ETS did not discuss it. MSHA received no comments on the omission. 
Therefore, this final rule adds the omitted portion of former Sec.  
75.1714-2(f).
9. Section 75.1714-4 Additional Self-Contained Self-Rescuers
    Final Sec.  75.1714-4 addresses the need to provide and store 
additional SCSRs that will offer protection for the maximum number of 
people in the mine if an emergency occurs. The final rule revises the 
ETS requirements for additional SCSRs and the location of stored SCSRs. 
Changes to this section include: revised methods for determining SCSR 
storage locations in each escapeway and for miners who do not have a 
fixed work location; and, removing the requirement to provide an outby 
storage plan. The final rule also makes non-substantive editorial 
changes.
    a. Additional SCSRs in Work Places. Final Sec.  75.1714-4(a) 
retains the ETS requirement that mine operators provide all persons 
with an additional SCSR at their underground work locations. Section 2 
of the MINER Act reiterated the ETS requirement. MSHA revised the ETS 
to clarify requirements for providing additional SCSRs to persons who 
do not work at a fixed location by adding Sec.  75.1714-4(a)(2).
    Specifically, MSHA was concerned that persons who work alone in 
various parts of the mine, i.e., pumpers and examiners, could not carry 
an extra SCSR with them and generally did not have access to an 
additional SCSR. For this reason, in the preamble and its opening 
statement at the public hearings, MSHA requested comment on how SCSR 
storage locations could be made readily accessible to persons with no 
fixed work location, such as pumpers, outby crews, and examiners 
working underground.
    Some commenters stated that the SCSR storage locations should be 
figured on a mine-by-mine basis due to the different mine conditions 
and situations. Other commenters suggested that these locations should 
be addressed in the outby SCSR storage plan. Another commenter 
suggested using the time-distance tables in MSHA's Program Policy 
Manual (PPM), Volume 5, Sec.  75.1714-2, ``Self-Rescue Devices; Use and 
Location Requirements,'' for pumpers and examiners; outby crews, such 
as belt maintenance and supply personnel; and others who are similarly 
situated.
    MSHA considered these comments and adds a requirement in final 
Sec.  75.1714-4(a)(2) that the mine operator store additional SCSRs 
along the normal travel routes for pumpers, examiners, and other 
persons who do not have a fixed work location. These SCSRs must be 
stored at a distance no greater than the average miner could walk in 30 
minutes. The final rule uses the 30 minute SCSR storage location 
spacing to be consistent with the MINER Act requirement for escapeways. 
The distance between SCSR storage locations must be determined by using 
one of the methods found under paragraph (c)(2) of this section.
    b. Additional SCSRs on Mantrips. Final Sec.  75.1714-4(b) retains 
the requirement from the ETS that all persons using a mantrip or mobile 
equipment to enter or exit the mine have an additional SCSR, which 
provides protection for one-hour or longer, available from portal to 
portal. At many mines, persons use mantrips or mobile equipment, such 
as scoops, ramcars, or pick-up trucks, to enter or exit the mine and 
travel to and from their working station. A mine accident or emergency 
that requires evacuation could occur while crews are traveling. If 
miners traveling on mantrips or mobile equipment are using filter self-
rescuers they must be provided with two SCSRs, each of which provides 
protection for a period of one hour or longer. If SCSRs with a capacity 
of less than one hour are worn by miners, the additional SCSR required 
by Sec.  75.1714-4(b) may be stored along the escapeway at intervals 
that are readily accessible to the miners.
    Mine operators may use additional SCSRs stored on the mantrip or 
mobile equipment to comply with Sec.  75.1714-4(a) for persons either 
at a fixed work location or a non-fixed location, if the mantrip stays 
on the section or near the work location. If the mantrip leaves the 
section or the work location, the operator can comply with Sec.  
75.1714-4(a) by removing the SCSRs from the mantrip and keeping them on 
the section or near the work location.
    One commenter strongly agreed with the requirement to have 
additional SCSRs available on the mantrip or mobile equipment, and 
stated that the explanation made ``great sense.'' Another commenter 
stated that some MSHA districts were misinterpreting the requirement in 
that they were requiring the mine operator to supply two SCSRs per 
employee on the personnel carrier if a one-hour belt-wearable unit was 
not employed. Another commenter believed that this requirement limits 
the option of wearing a unit smaller than a one-hour unit for ergonomic 
reasons. The commenter stated that the provision should permit each 
personnel carrier to store one hour of oxygen for each person traveling 
on that vehicle provided that the travel distance to exit the mine on 
the vehicle's normal route is no further than an average miner can walk 
in 30 minutes.
    MSHA has considered these comments and the final rule retains the 
ETS requirement that an additional SCSR be available to all miners 
traveling on mantrips or mobile equipment. All miners are required to 
have two SCSRs available to them while using mechanized transportation 
to or from their work locations.
    c. Additional SCSRs in Escapeways. Final Sec.  75.1714-4(c) retains 
the ETS requirement that the mine operator store additional SCSRs in 
the required escapeways when each person underground cannot safely 
evacuate the mine within 30 minutes. MSHA has changed this provision to 
be consistent with the MINER Act by specifying that the spacing between 
SCSR storage locations in each required escapeway be no greater than 
the distance an average miner can walk in 30 minutes. As discussed 
later in the preamble, the final rule provides two methods for 
determining spacing.
    (i) Additional SCSRs. Final Sec.  75.1714-4(c)(1) retains the ETS 
requirement that each SCSR storage location in the required escapeways 
contain at least one SCSR, which provides protection for a period of 
one hour or longer, for every person who will be inby that location.
    (ii) Spacing of Stored SCSRs. ETS Sec.  75.1714-4(c) required the 
mine operator to submit an outby SCSR storage plan to the appropriate 
District Manager for approval. The final rule eliminates the 
requirement for an outby

[[Page 71444]]

SCSR storage plan because it will be addressed in the Emergency 
Response Plan required by Section 2(b) of the MINER Act.
    Final Sec.  75.1714-4(c)(2) provides two methods for determining 
the 30-minute spacing of SCSRs storage locations in escapeways. The 
first method, found in final Sec.  75.1714-4(c)(2)(i), requires the 
mine operator to calculate the spacing based on a sample of typical 
miners walking a selected length of each escapeway. A sample of typical 
miners is a cross-section of the population of all miners who would 
have to evacuate the mine and use the SCSRS stored in the escapeways. 
In general, operators using this option must use a sample that includes 
miners of various ages, weights, levels of physical fitness, and 
smoking habits; and a selected portion of the escapeway that reflects 
entry height, slope, and underfoot conditions representative of the 
entire escapeway.
    The second method, found in final Sec.  75.1714-4(c)(2)(ii), 
requires a mine operator to use a table that specifies maximum SCSR 
storage location spacing based on average entry height, except 
escapeways with grades over 5 percent. This table is based on 
statistical data collected from the MSHA-NIOSH study from 1997.\9\
---------------------------------------------------------------------------

    \9\ MSHA-NIOSH study, ``The Oxygen Cost of a Mine Escape'' 
(Kovac, Kravitz, and Rehak, 1997).
---------------------------------------------------------------------------

    (iii) Comments on Performance-Based Approach to Spacing of SCSR 
Storage Locations. The ETS included a ``heart-rate method'' as an 
option for determining SCSR storage location spacing. Many commenters 
stated that they were ``very concerned about this suggested method,'' 
and did ``not believe it is practical, effective or reliable to expect 
those working underground to determine a `worst case scenario.' '' 
These commenters stated that the heart rate method required a judgment 
about which miner appears to be the slowest to evacuate. These 
commenters also stated that the slowest miner could change from day to 
day, depending on the employees available, whether someone was injured, 
or even whether one miner did not feel well on a particular day. Some 
commenters were concerned that requiring the miner to participate in 
the ``heart-rate'' test would be hazardous to the miner's health.
    Although some commenters favored the ``heart-rate method,'' 
commenters generally opposed solely using this method, but supported a 
performance-based approach. One commenter supported the heart rate 
method, but also suggested a combination of methods. This commenter 
stated that the age and size of a miner (factors of the heart rate 
method) could be combined with the 2,500 to 5,000 foot requirements 
(escapeway intervals posed in the ETS based on the average entry 
height), with storage being located at the shorter distance. Other 
commenters stated that escapeway conditions vary; yet timed walks can 
provide necessary information to determine the distance between SCSR 
storage locations. One of these commenters stated that it was hard to 
imagine one standard that would work for every mine. One commenter 
stated that, for mine operators who do not want to conduct performance 
testing, prescriptive standards could be allowed as an alternative. One 
commenter suggested the actual capacity of the SCSR be used to 
determine the distances between SCSR storage locations, rather than the 
unit's certified capacity.
    In response to comments, final rule Sec.  75.1714-4(c)(2)(i) 
includes an option that allows the mine operator to calculate the 
distance between SCSR storage locations by using the average distance 
walked in 30 minutes over a typical length of each escapeway by a 
sample of typical miners. Because the MINER Act requires SCSR storage 
locations in escapeways to be no further than the average miner could 
walk in 30 minutes, MSHA has eliminated the ``worst case'' scenario as 
a requirement.
    (iv) Comments on Prescriptive Spacing of SCSR Storage Locations. 
Many commenters were in favor of a prescriptive approach to determining 
spacing for SCSR storage locations. Commenters encouraged MSHA to set 
an objective standard to achieve uniformity throughout the industry. 
One commenter stated that MSHA should use a design type standard as the 
maximum required distance, and allow mine operators to use performance 
testing to decrease the distance of the storage locations. Another 
commenter stated that MSHA, NIOSH, and miners' representatives should 
determine, through studies, the specific distances between SCSR storage 
locations. This commenter opposed permitting different distances under 
storage plans because plans become ``unwieldy'' and the operator 
``can't keep monitoring them constantly.'' This commenter stated 
further that mine operators do not need flexibility.
    Some commenters suggested that MSHA incorporate the height/distance 
chart in MSHA's Program Policy Manual (PPM), Volume 5, Sec.  75.1714-2, 
``Self-Rescue Devices; Use and Location Requirements,'' into this final 
rule. Commenters stated that the chart has been used to convert travel 
time to distance and could be used for that purpose in the final rule. 
Other commenters stated that the West Virginia chart, which was 
originally developed by MSHA, should be the standard used. Some 
commenters stated that this issue was made moot by the new MINER Act, 
which states that the self rescuer distances are based on the distance 
that an average miner can travel in 30 minutes.
    Some commenters, however, stated that a prescriptive standard would 
not be appropriate because it is uniform across all mines and mining 
conditions, regardless of differences. One commenter stated that 
prescriptive standards of this sort are inherently inaccurate and fail 
to take account of numerous relevant variables, such as seam height, or 
other unique mine characteristics, as well as the physical condition of 
the miners involved in evacuations. The commenter quoted MSHA's 
compliance guide (Volume 2, at Q. 26), in which MSHA stated that such 
uniform specifications ``do not take into account the slope of the 
escapeway, travel conditions, or the age of the escaping miner.''
    In response to comments and to retain flexibility, MSHA developed a 
table that provides maximum distances for spacing SCSR storage 
locations in Sec.  75.1714-4(c)(2).
    (d) Additional SCSRs in Hardened Rooms. The final rule adds an 
alternative in Sec.  75.1714-4(d) to allow mine operators to store 
SCSRs between adjacent escapeways in a hardened room.
    MSHA asked, in its opening statement at the public hearings, if 
there were circumstances under which it would be appropriate to share 
SCSRs between adjacent escapeways in a hardened room or ``safe haven'' 
that is constructed using permanent seal techniques. Several comments 
were received that were both for and against this alternative. Some 
commenters preferred to store one SCSR per miner in a structure between 
adjacent escapeways that was accessible through doors from either 
escapeway.
    MSHA has considered these comments and determined that allowing one 
SCSR per miner to be stored between adjacent escapeways, which would 
serve both escapeways, can provide improved protection for miners if 
certain conditions are met. The SCSR storage location must be secured 
against damage from explosions in either escapeway. Requiring that the 
hardened room be designed and constructed to the same explosion force 
criteria as seals can provide greater protection than

[[Page 71445]]

SCSR storage arrangements in escapeways.
    The final rule also requires that the hardened room contain an 
independent source of air. At this time, MSHA has reviewed several 
alternatives for providing independent, positive pressure ventilation 
from the surface to a hardened room. Some of these alternatives 
include: (1) A vertical bore hole from the surface; (2) directionally 
drilled holes and suitable piping within the mine; or (3) a robust 
insulated compressed air distribution system.
    These hardened rooms would provide a smoke-free environment for 
transferring SCSRs and communicating with the surface and with other 
miners. This would facilitate SCSR transfer and miners' successful 
evacuation. The agency expects that, on balance, hardened rooms would 
not usually be a less costly alternative. MSHA does believe that this 
alternative would provide for improved safety. If an operator intends 
to use a hardened room for SCSR storage between escapeways, the 
location and construction parameters must first be included in the 
mine's ventilation plan approved by the District Manager.
    e. Storage Location Accessibility. Final Sec.  75.1714-4(e) retains 
the ETS requirement that all SCSRs be stored according to 
manufacturers' instructions in locations that are conspicuous and 
readily accessible by each person in the mine. Manufacturers' 
instructions are included in the documentation for all SCSRs submitted 
to MSHA and NIOSH for approval under 42 CFR part 84. Additionally, the 
instructions are included with all SCSRs from each manufacturer.
    The first ETS Compliance Guide, Training Questions for Emergency 
Mine Evacuation, contains guidance on how to make the storage location 
conspicuous. This requirement minimizes the time it takes a miner to 
locate an SCSR when it is needed following an accident or emergency. An 
SCSR conspicuously stored or readily accessible could make the 
difference between the success or failure of an emergency mine 
evacuation.
    The manufacturer's instructions for a specific type of SCSR include 
a shake test, to check the integrity of the internal SCSR chemical 
beds, for SCSRs not transported or carried by the miner. Several 
commenters requested that MSHA eliminate the shake test. Because the 
shake test is included in the instructions for maintaining the 
reliability of the SCSR and is included as a condition of its approval, 
failure to conduct the shake test would invalidate the SCSR approval 
under 42 CFR part 84. As such, MSHA has no authority to eliminate this 
requirement. The final rule requires inspections and tests of SCSRs to 
be implemented according to the manufacturer's instructions. For 
certain SCSRs, this includes a shake test every 90 days.
10. Section 75.1714-5 Map Locations of Self-Contained Self-Rescuers
    Final Sec.  75.1714-5 retains the requirement for the mine operator 
to mark the SCSR storage locations on the Sec.  75.1505 (formerly Sec.  
75.383) posted mine escapeway map and on the Sec.  75.1200 mine map. 
Mine maps help assure that all persons are aware of the storage 
locations of all SCSRs in the mine and the Sec.  75.1200 mine map is 
used for mine rescue response.
11. Section 75.1714-6 Emergency Tethers
    Final Sec.  75.1714-6 is a new requirement and addresses MSHA's 
concern that miners not become separated when escaping from a smoke-
filled environment. Tethers are durable ropes or equivalent material 
designed to permit members of a mine crew to link together while 
evacuating the mine during an emergency. The final rule requires that 
at least one tether, of sufficient length to link together members of a 
mine crew, be placed with the additional SCSRs stored at fixed 
underground work locations and on mobile equipment used to enter or 
exit the mine. If the mining conditions require miners to walk out of 
the mine, tethers will help keep individual miners from becoming 
separated from the crew. Tethers, however, do not have to be stored 
with the additional SCSRs for pumpers, examiners, and other persons who 
generally work alone.
    In the ETS preamble and in the opening statement at the hearings, 
MSHA requested comments on whether miners should have the ability to 
tether themselves together during escape through smoke-filled 
environments. MSHA also asked for input regarding storage, method of 
attachment, and placement of tethers. Commenters generally supported a 
requirement that tethers be made available for miners to use, but did 
not want MSHA to require their use. Commenters expressed a variety of 
opinions as to where tethers should be stored. Some stated that tethers 
should be stored at the beginning of the lifelines. Commenters did not 
support prescriptive requirements for tether construction. They 
believed that this should be left to the discretion of the mine 
operator.
    MSHA agrees that specific requirements for the length, method of 
attachment, and other details of construction should be left for the 
mine operator to address based on the specific needs and conditions of 
the mine. In response to commenters' concerns, the final rule provides 
miners with the capability of tethering together, but does not require 
miners to use them.
12. Section 75.1714-7 Multi-Gas Detectors
    Final Sec.  75.1714-7 is a new requirement and addresses MSHA's 
concern that miners make a more informed decision about when to don an 
SCSR. This section requires that the operator provide an MSHA-approved, 
handheld, multi-gas detector, which can measure methane, oxygen, and 
carbon monoxide, to each group of miners and to each miner working 
alone; that at least one miner in each group be a qualified person 
under Sec.  75.150; and that each miner working alone be trained to use 
the detectors to take gas readings and to interpret the readings. In 
addition, the detector must be maintained and calibrated as specified 
in existing Sec.  75.320.
    During the ETS hearings, MSHA asked for comment on whether mine 
operators should be required to provide miners with handheld, multi-gas 
detectors in connection with MSHA's request for comment about when 
miners should don their SCSRs. MSHA was concerned that during a mine 
emergency, a miner might have difficulty determining when to don an 
SCSR. A toxic gas or reduced oxygen levels can be colorless and 
odorless; often, these potentially fatal hazards are undetectable 
without the use of a gas or air-quality detector. MSHA is requiring 
approved, handheld, multi-gas detectors to enable miners to measure 
critical mine gases during an emergency.
    MSHA received a variety of comments on this issue. One commenter 
stated that MSHA should immediately mandate this requirement. Multiple 
commenters stated that this requirement would be burdensome to comply 
with for each person, but thought that it would be a good idea for 
section crews and other groups. One commenter thought that the 
requirement was a good one, but was concerned about monthly calibration 
for that amount of equipment. This commenter also expressed concern 
about miners needing training to use the multi-gas detectors. 
Commenters suggested that a patch that changed color or some other 
indicator of harmful levels of carbon monoxide would be helpful.
    While personal monitors or badges may assist in the decision to don 
an SCSR, no product of this type is

[[Page 71446]]

currently approved by MSHA for use in underground coal mines. A multi-
gas detector is a viable alternative. MSHA-approved, multi-gas 
detectors can simplify measuring gasses because separate detectors for 
each gas would have different operating instructions and calibration 
procedures requiring additional burden. Generally, this requirement can 
be satisfied by units that are already in use in the coal mines. 
Existing standards require that tests be made for excess methane, 
oxygen deficiency, and carbon monoxide, and that a qualified person 
take these measurements.
    MSHA received many comments on the issue of when miners should don 
SCSRs. Commenters stated that individuals working alone could be 
instructed to don an SCSR when smoke was encountered. Several 
commenters thought that MSHA should allow more than one way to comply 
with the requirement of when miners should don an SCSR. These 
commenters suggested that donning occur as follows: When smoke is 
visible; if elevated carbon monoxide is detected; if low oxygen is 
detected; if directed by the supervisor; or if the mine-wide 
Atmospheric Monitoring System, coupled with an effective communication 
system, advised the miner of the need to don. Commenters acknowledged 
the benefit of donning an SCSR at the first sign of fire, but also 
acknowledged the benefit of ``knowing'' the atmosphere to make an 
informed decision.
    MSHA has considered these comments, and includes final Sec.  
75.1714-7 in response to them. MSHA agrees that miners should don SCSRs 
when any of the conditions suggested by the commenters exist or if 
miners experience any other emergency situation where they feel that 
they may need respiratory protection. A handheld, multi-gas detector 
that can measure methane, oxygen, and carbon monoxide will enable 
miners to measure critical mine gases during an emergency and increase 
their chances of survival. Miners in a group can warn each other and 
help each other if one loses consciousness. A miner working alone also 
needs a multi-gas detector to help determine when to don an SCSR. 
Without the multi-gas detector, by the time a miner working alone 
realizes that carbon monoxide levels are high or oxygen levels are low, 
the miner may be unable to don an SCSR. In fact, it is possible for the 
miner to lose consciousness without ever realizing that the air is 
irrespirable.
13. Section 75.1714-8 Reporting SCSR Inventory and Malfunctions; 
Retention of SCSRs
    Final Sec.  75.1714-8 addresses new reporting requirements in 
response to MSHA's concern that the Agency did not always learn of 
problems associated with SCSRs, or did not learn of them in a timely 
manner. In addition, often, when MSHA was able to identify a problem, 
MSHA had difficulty in locating affected SCSRs for recalls. This final 
rule includes requirements for maintaining and reporting an inventory 
of all SCSRs at the mine, reporting problems with SCSRs, and retaining 
defective SCSRs for possible investigation.
    a. Inventory Requirements. In new Sec.  75.1714-8(a), the final 
rule requires a mine operator to provide MSHA with a complete inventory 
of all SCSRs at each mine. Operators must submit the inventory within 
the first quarter of 2007 for existing mines and within 3 months of 
beginning operation for new mines. Final Sec.  75.1714-8(a)(1) requires 
that the inventory include the mine name, MSHA mine identification 
number, mine location, and, for each SCSR, the manufacturer, the model 
type, the date of manufacture, and the serial number. Final Sec.  
75.1714-8(a)(2) requires the mine operator to update the inventory. The 
operator must report a change to MSHA within the quarter that the 
change occurred. This requirement keeps the database current and 
assists the mine operator in complying with 30 CFR Sec.  75.1714-3. 
Also, consistent with other sections of this final rule, this provision 
specifies calendar quarters for reporting, i.e., Jan-Mar, Apr-Jun, Jul-
Sep, and Oct-Dec.
    In the past, MSHA has discovered problems with all brands of SCSRs. 
Sometimes, these problems were related to specific production runs that 
generated unique serial numbers for the SCSRs. Sometimes, the problems 
affected SCSRs from one manufacturer. During past recalls, MSHA had 
problems locating outdated or nonworking SCSRs. MSHA inspectors had to 
travel to each mine to examine each SCSR to make sure all affected 
devices were actually removed from service. With the ETS and the MINER 
Act requiring a significant number of additional SCSRs, a centralized 
database can facilitate the identification of problem SCSRs. MSHA can 
then expeditiously inform the affected mine operator and ensure that 
these SCSRs are removed from service before miners attempt to use them 
in a mine emergency.
    b. Reporting Problems and Malfunctions. New Sec.  75.1714-8(b) 
requires mine operators to report SCSR defects, performance problems, 
and malfunctions to MSHA. The report must include a detailed 
description of the problem and the inventory data required under Sec.  
75.1714-8(a)(1). The purpose of this reporting requirement is to help 
assure that MSHA is notified of problems associated with SCSRs in a 
timely manner, thus facilitating MSHA's investigation of the problems. 
MSHA's past experience in dealing with malfunctioning SCSRs, or SCSR-
related problems, demonstrates the Agency's need to be notified.
    For example, a national recall of all SCSRs containing breathing 
tubes was conducted following an MSHA investigation of a problem. At 
that time, a miner used an SCSR that had a deteriorated breathing tube 
that failed to protect the miner. The miner suffered smoke inhalation 
and required emergency medical treatment. In an effort to determine 
whether it was an isolated problem, MSHA opened additional SCSRs at the 
mine and identified three more unusable units. This discovery resulted 
in the manufacturer recalling these breathing tubes and replacing them.
    c. Retention of Reported SCSRs. New Sec.  75.1714-8(c) requires the 
mine operator to retain the affected SCSR for 60 days after reporting a 
problem to MSHA. The purpose of this retention requirement is so that 
the affected SCSRs are available for examination and testing, as 
applicable. Preserving the SCSR is accomplished by placing it in an 
air-tight, sealed, plastic bag. After MSHA evaluates the problem SCSR, 
the Agency will make the results of the evaluation available.
    d. Comments on New Reporting Requirements. In the ETS and hearings, 
MSHA requested comments on several reporting requirements:
    <bullet> The appropriateness of requiring mine operators to report 
the total number of SCSRs (inventory) in use at each underground coal 
mine, semi-annually, to the MSHA District Manager;
    <bullet> Requiring the inventory to include additional information 
for each SCSR, i.e., the manufacturer, the model, the date of 
manufacture, and the serial number;
    <bullet> Requiring the mine operator to promptly report to the MSHA 
District Manager, in writing, all incidents where any SCSR, required by 
this section or existing Sec.  75.1714, was used for an accident or 
emergency; and
    <bullet> The reporting of all instances where an SCSR device did 
not function

[[Page 71447]]

properly and retaining the device for 90 days.
    MSHA received a number of responses on the Agency's solicitation of 
comment on SCSR inventory. Many commenters thought that a need existed 
to track SCSRs because of the way companies sold and swapped SCSR 
units. Many commenters supported tracking the information, but stated 
that, while the requirement could provide useful data, they were 
against sending a report to MSHA. Some commenters mentioned that they 
would find the inventory requirement burdensome. Some commenters 
pointed out that neither a citation nor fine for failure to report 
would necessarily improve safety or the ability [of a miner] to survive 
an emergency. Some commenters also added that the information should be 
available on an information-sharing basis only. Another commenter 
stated that MSHA would have to allocate more resources to investigate 
reports and would have to provide a more efficient reporting system, 
such as electronic filing on the MSHA Web site.
    MSHA agrees with commenters who stated that, with the increased 
numbers of SCSRs in the mine, an inventory system would be useful to 
mine operators for tracking SCSR use and location. An inventory system 
would facilitate mine operator's compliance with Sec.  75.1714-3, which 
requires operators to track the use, maintenance, and service life of 
SCSRs. Also, this inventory system would assure that problem SCSRs are 
removed from mines expeditiously because MSHA would inform the affected 
mine operators.
    MSHA has determined that it is necessary to create an SCSR database 
that is easily searchable and up-to-date to improve miner health and 
safety. In implementing this provision, MSHA intends to have an 
interactive Web site that will permit mine operators to upload 
inventory information electronically. For those who may not have 
electronic access, MSHA will accept paper copies of the inventory. MSHA 
will provide compliance information to mine operators to assist in 
meeting this requirement.
    Several commenters thought that having a bar code on SCSRs would be 
useful. MSHA agrees that bar codes would be helpful; however, 
manufacturers do not currently identify SCSRs by bar code. MSHA, 
therefore, does not require it at this time.
    MSHA received a number of comments in response to its question 
about the reporting of all problems of SCSR use. Commenters pointed out 
that this requirement would be useful to properly evaluate each model 
and manufacturer; that it might give an early warning of a defect; and 
that it would lead to developing essential information regarding the 
reliability of SCSRs and the effectiveness of miner training in using 
SCSRs. Some commenters thought that the best way for MSHA to obtain 
reliable statistics concerning the performance of SCSRs and to respond 
accordingly, would be to obtain the information on an ongoing and 
timely basis.
    MSHA agrees with these commenters. The final rule requires mine 
operators to report SCSR defects, performance problems, and 
malfunctions to the Agency.

III. Derivation and Distribution Tables

    This final rule combines, moves, and eliminates a number of 
requirements. The Derivation Table shows the source of the provisions 
in this final rule for requirements that are new or re-numbered. The 
Distribution Table shows the new location of existing requirements that 
were re-numbered or deleted.

         Table 1.--Derivation of Requirements in This Final Rule
------------------------------------------------------------------------
            Final rule  section               ETS or existing  sections
------------------------------------------------------------------------
75.1502...................................  75.1502(a) and (d).
75.1503...................................  75.1502(b).
75.1504...................................  75.383(b) and 75.1502(c).
75.1504(c)................................  NEW.
75.1505...................................  75.383(a).
75.1714-4(d)..............................  NEW.
75.1714-6.................................  NEW.
75.1714-7.................................  NEW.
75.1714-8.................................  NEW.
------------------------------------------------------------------------


 Table 2.--Distribution of Moved or Removed Sections of ETS and Existing
                                Standards
------------------------------------------------------------------------
          ETS or existing section                 Final rule section
------------------------------------------------------------------------
75.383(a)..................................  75.1505.
75.383(b)..................................  75.1504.
75.383(c)..................................  DELETED.
75.1502(a).................................  75.1502.
75.1502(b).................................  75.1503.
75.1502(c).................................  75.1504.
75.1502(c)(4)..............................  DELETED.
75.1502(d).................................  75.1502.
------------------------------------------------------------------------

IV. 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. To comply with E.O. 12866, MSHA has prepared a 
Regulatory Economic Analysis (REA) for the final rule. The REA contains 
supporting data and explanation for the summary materials presented in 
sections IV-VII of this preamble, including costs and benefits, 
feasibility, small business impacts, and paperwork. The REA is located 
on MSHA's Web site at http://www.msha.gov/REGSINFO.HTM. A printed copy 
of the REA can be obtained from MSHA's Office of Standards, 
Regulations, and Variances.
    Based on the REA, MSHA has determined that the final rule will have 
an annual effect of $100 million or more on the economy in the first 
year it is in effect. Therefore, it is an economically ``significant 
regulatory action'' pursuant to Sec.  3, paragraph (f) of E.O. 12866.

A. Population-at-Risk

    Using 2004 data, the final rule 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 provisions of the final rule apply to the entire mining 
industry, encompassing all 214,450 miners and 72,739 contractor workers 
who are employed in the 14,480 U.S. mines.

B. Compliance Costs

    MSHA estimates that the final rule will result in total yearly 
costs (including those yearly costs that are associated with the March 
9, 2006 ETS) for the underground mining industry of approximately $44.1 
million at a 7% discount rate and $41.1 million at a 3% discount rate, 
which include the amortized value of first-year costs of about $146.9 
million.\10\ Of the $44.1 million yearly costs, $2.8 million will be 
incurred by mine operators with fewer than 20 employees; $37.0 million 
by mine operators with 20-500 employees; and $4.3 million by mine 
operators with more than 500 employees. The breakdown of the $44.1 
million yearly costs by type of provision is approximately as follows: 
$13.7 million for training requirements; $0.5 million for lifeline 
requirements; $29.8 million for SCSR requirements, which includes $0.45 
million for new multi-gas detector requirements; and $5,000 for 
accident notification requirements.
---------------------------------------------------------------------------

    \10\ For the rest of this section, we report cost using only the 
7% discount rate results. Please see the full REA for the 
disaggregated results using the 3% discount rate.
---------------------------------------------------------------------------

    Compliance with certain cost provisions in the final rule will be 
achieved as a result of prior compliance with the March 9, 2006 ETS. 
When yearly costs that are associated with the

[[Page 71448]]

March 9, 2006 ETS are subtracted from the total yearly costs noted 
above, the net yearly costs of the final rule are approximately $39.7 
million, which include the amortized value of first-year costs of about 
$83.0 million. Of the $39.7 million yearly costs, $2.6 million will be 
incurred by mine operators with fewer than 20 employees; $33.3 million 
by mine operators with 20-500 employees; and $3.8 million by mine 
operators with more than 500 employees. The breakdown of the $39.7 
million yearly costs by type of provision is approximately as follows: 
$13.6 million for training requirements; $0.4 million for lifeline 
requirements; $25.8 million for SCSR requirements; and $5,000 for 
accident notification requirements.
    For both the total yearly cost figures and the net yearly cost 
figures, nearly all of the yearly costs will be borne by underground 
coal mine operators. A negligible amount of yearly costs (less than 
$3,000), having to do with accident notification requirements in Part 
50, will be borne by underground metal and nonmetal mine operators. 
MSHA expects that the final rule will impose no additional costs on 
surface coal or surface metal and nonmetal mine operators.

C. Benefits

    To estimate benefits, MSHA focused only on the four accidents where 
it is reasonable to expect that miners' lives might have been saved by 
the final rule. These four accidents occurred at the Wilberg Mine in 
1984; at Pyro No. 9 Slope, William Station Mine in 1989; at the Sago 
Mine in 2006; and at the Aracoma Alma No. 1 Mine, also in 2006. In 
these four accidents, there were, in total, 51 fatalities and one 
serious injury. One of the miners at Sago Mine died in an initial 
explosion and would have perished even if the final rule had been in 
force. Also, MSHA's investigation of the 1989 accident at Pyro No. 9 
Slope, William Station Mine only provided enough evidence and testimony 
to establish that five of the ten fatalities could have been saved if 
the final rule had been in force. Whether the other five miners could 
have been saved by the final rule is speculative.
    This leaves 45 fatalities that might have been prevented if the 
final rule had been in force. If this final rule had been in place at 
the time of these accidents, the lives of most or all of these victims 
could have been saved. In quantitative terms, perhaps 80 percent of 
miners in future accidents of like character could be saved by the 
final rule. Multiplying 45 by 80 percent provides an estimate of 36 
lives that could have been saved by the final rule.
    January 1, 1983, is the starting point for the accident records in 
MSHA's electronic Teradata database. Starting at January 1, 1983, and 
ending on March 9, 2006, the date when the ETS was published, is a time 
span of 23.2 years. Since these four accidents occurred during this 
23.2-year period, dividing 36 lives saved by 23.2 years yields an 
estimate of 1.55 lives saved per year. A similar calculation provides 
an estimate of 0.034 serious injuries prevented per year. The actual 
number of miners' lives saved by the final rule could be much larger.

V. Feasibility

    MSHA has concluded that the requirements of the final rule are 
technologically and economically feasible.
    The final rule contains accident notification provisions, which 
apply to all mines. These provisions clarify existing requirements. 
Although they expand existing notification requirements to cover more 
underground mine fires, they present no compliance difficulties. As 
such, they are technologically feasible.
    The final rule also involves the purchase, installation, and 
maintenance of lifelines; SCSRs; and evacuation and SCSR training. 
These requirements, which only apply to underground coal mines, are 
generally not technology forcing and would not involve activities on 
the frontiers of scientific knowledge. Most SCSRs and lifelines are 
proven technologies long available in the marketplace and already 
installed and used in the underground coal mining industry. Several 
provisions involve newly developed technology in the areas of realistic 
training units and flame-resistant lifelines; however, MSHA has 
provided delayed effective dates to facilitate operator compliance with 
these provisions.
    The yearly compliance costs of the final rule ($44.1 million) are 
equal to 0.4 percent of all revenues ($11.1 billion in 2004) for all 
underground coal mines. In addition, about $3,000 of yearly compliance 
costs are attributable to underground metal and nonmetal mines. These 
yearly compliance costs are equal to well less than 0.01 percent of all 
revenues (approximately $4.6 billion in 2004) for all underground metal 
and nonmetal mines. Insofar as the total compliance costs are below one 
percent of the estimated revenues for both underground coal and 
underground metal and nonmetal mines, MSHA concludes that the final 
rule is economically feasible for these mines.

VI. Regulatory Flexibility Act (RFA) 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 final rule on small businesses. 
Based on that analysis, MSHA has made a determination with respect to 
whether or not the Agency can certify that the final rule will not have 
a significant economic impact on a substantial number of small entities 
that are covered by this rulemaking. Unless able to certify that the 
final rule will not have a significant economic impact on a substantial 
number of small entities, MSHA must develop a final regulatory 
flexibility analysis.
    MSHA certifies that the final rule will not have a significant 
economic impact on a substantial number of small entities that are 
covered by this rulemaking. The factual basis for this certification is 
presented in full in Chapter V of the REA and in summary form below.

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.

[[Page 71449]]

    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.'' MSHA concludes that 
it can certify that the final rule 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 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 exceed one percent of 
revenues, it tends to indicate that further analysis may be warranted.
    Surface coal and surface metal and nonmetal mines are covered in 
the final rule only by the immediate notification provisions. These 
provisions do not impose any costs on surface coal and surface metal 
and nonmetal mine operators and contractors. MSHA, therefore, concludes 
that the final rule 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, for underground coal mines with fewer 
than 20 employees, the estimated yearly cost of the rule as a 
percentage of their yearly revenues is 0.87 percent ($2.75 million/$315 
million). For underground coal mines with 500 or fewer employees the 
estimated yearly cost of the rule as a percentage of their yearly 
revenues is 0.42 percent ($0.04 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), the yearly costs of the final rule for underground coal 
mines will be less than 1 percent of their estimated yearly revenues.
    With respect to underground metal and nonmetal mines, MSHA 
anticipates no yearly costs for mines that have fewer than 20 employees 
and less than $2,000 in yearly costs, relative to revenues of $3.7 
billion in 2004, for underground metal and nonmetal mines that have 500 
or fewer employees. These yearly costs of the final rule for notifying 
MSHA of accidents at small underground metal and nonmetal mines, 
therefore, will be well less than 1 percent their yearly revenues.
    Whether applying MSHA's or SBA's definition of a small mine, the 
estimated yearly costs of the final rule will be less than 1 percent of 
yearly revenues and, therefore, below the level suggesting that the 
rule might have a significant economic impact on a substantial number 
of small entities. Accordingly, MSHA has certified that the final rule 
will not have a significant economic impact on a substantial number of 
small entities that are covered by the rule.

VII. Paperwork Reduction Act of 1995

A. Summary

    This final rule contains information collection requirements that 
MSHA estimates will result in 23,920 new burden hours and approximately 
$1.5 million of 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 20,092 burden hours and 
approximately $1.1 million of related burden costs. The burden hours 
are different in the first year because some information collection 
requirements occur only in the first year that the rule is in effect, 
while other burden hours occur either every year beginning in the first 
year, or every year beginning in the second year that the rule is in 
effect.
    The final rule contains information collection requirements in the 
following sections:
    <bullet> Sec.  48.3 Training plans; time of submission; where 
filed; information required; time for approval; method for disapproval; 
commencement of training; approval of instructors.
    <bullet> Sec.  50.10 Immediate notification.
    <bullet> Sec.  50.11 Investigation.
    <bullet> Sec.  75.1502 Mine emergency evacuation and firefighting 
program of instruction.
    <bullet> Sec.  75.1504 Mine emergency evacuation drills.
    <bullet> Sec.  75.1714-3 Self-rescue devices; inspection, testing, 
maintenance, repair and recordkeeping.
    <bullet> Sec.  75.1714-4 Additional self-contained self-rescuers.
    <bullet> Sec.  75.1714-5 Map locations of self-contained self-
rescuers.
    <bullet> Sec.  75.1714-8 Reporting SCSR inventory and malfunctions; 
retention of SCSRs.
    These requirements will be codified in title 30 of the Code of 
Federal Regulations. The final rule 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 Sec.  75.1714-3 is an existing provision and is not 
changed by the final rule, MSHA is including it in the burden estimates 
above because the use of additional SCSRs mandated by the final rule 
will increase the burden associated with inspection and recordkeeping 
requirements contained in this existing standard. Similarly, although 
Sec.  50.11 is an existing provision that has not been changed by this 
final rule, the final rule has changed underground mine operators' 
reporting requirements concerning underground mine fires and 
entrapments, and this change results in an increase in the burden for 
Sec.  50.11.
    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 final rule. 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. Procedural Details

    The information collection package has been submitted to the Office 
of Management and Budget (OMB) for review under 44 U.S.C. Sec.  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 <a href="/cdn-cgi/l/email-protection#660d0f080148020714140f082602090a48010910"><span class="__cf_email__" data-cfemail="c8a3a1a6afe6aca9babaa1a688aca7a4e6afa7be">[email protected]</span></a> 
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 ``Attention: Desk Officer for MSHA.'' Comments sent to MSHA 
should be sent to the Office of Standards, Regulations, and Variances.

[[Page 71450]]

Addresses for both offices can be found in the Addresses section of 
this preamble. The regulated community is 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.

VIII. Other Regulatory Considerations

    Under the Congressional Review Act, major rules generally cannot 
take effect until 60 days after the rule is published in the Federal 
Register. However, section 808(2) of the Congressional Review Act 
states that agencies may waive this 60-day requirement for ``good 
cause'' and establish an earlier effective date. The Department 
believes that the ``good cause'' exception to the 60-day effective date 
requirement for major rules in the Congressional Review Act applies to 
this rule, because observing this requirement would be both impractical 
and contrary to the public interest. The Emergency Temporary Standard 
(ETS), which served as the basis for this final rule, was issued to 
address ``grave danger'' to miners. The ETS lapses on December 8, 2006. 
If this final rule is not effective immediately, a critical void in 
miner safety will be created. Therefore, DOL believes that ``good 
cause'' exists for waiver of the usual 60-day effective date 
requirement for all ``major'' rules.

A. The Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 
et seq.) directs agencies to assess the effects of federal regulatory 
actions on state, local, and tribal governments, and the private 
sector, ``other than to the extent that such regulations incorporate 
requirements specifically set forth in law.'' For purposes of the 
Unfunded Mandates Reform Act, this final rule includes a Federal 
mandate that will increase private sector expenditures by more than 
$100 million in any one year. It will not result in increased 
expenditures by State, local, or tribal governments; nor will it 
significantly or uniquely affect small governments. The Regulatory 
Economic Analysis provided pursuant to E.O. 12866 addresses the 
analytic requirements of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1501 et seq.).

B. The Treasury and General Government Appropriations Act of 1999: 
Assessment of Federal Regulations and Policies on Families

    This final rule will have no affect on family well-being or 
stability, marital commitment, parental rights or authority, or income 
or poverty of families and children. Accordingly, Section 654 of the 
Treasury and General Government Appropriations Act of 1999 (5 U.S.C. 
601 note) requires no further Agency action, analysis, or assessment.

C. Executive Order 12630: Government Actions and Interference With 
Constitutionally Protected Property Rights

    This final rule 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 final rule was written to provide a clear legal standard for 
affected conduct and was carefully reviewed to eliminate drafting 
errors and ambiguities, so as to minimize litigation and undue burden 
on the Federal court system. Accordingly, this final rule meets the 
applicable standards provided in Section 3 of E.O. 12988, Civil Justice 
Reform.

E. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This final rule 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 final rule does not have ``federalism implications'' because 
it will not ``have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Accordingly, E.O. 13132, Federalism, requires no further 
Agency action or analysis.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This final rule 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 final rule has been reviewed for its impact on the supply, 
distribution, and use of energy because it applies to the underground 
coal mining sector. Insofar as this final rule will result in yearly 
costs of approximately $44.1 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 final rule 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 final rule will 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.

List of Subjects

30 CFR Part 3

    Reporting and recordkeeping requirements.

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.

[[Page 71451]]

30 CFR Part 75

    Communications equipment, Electric power, Emergency medical 
services, Explosives, Fire prevention, Mine safety and health, 
Reporting and recordkeeping requirements.

    Dated: December 5, 2006.
Richard E. Stickler,
Assistant Secretary for Mine Safety and Health.

IX. Final Rule Text

0
For the reasons set out in the preamble and under the authority of the 
Mine Safety and Health Act of 1977, as amended, Chapter I of Title 30, 
Code of Federal Regulations, parts 3, 48, 50, and 75 are amended as 
follows:

PART 3--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT--
[AMENDED]

0
1. The authority for part 3 continues to read as follows:

    Authority: 30 U.S.C. 957; 44 U.S.C. 3501-3520.

0
2. Amend Sec.  3.1 by adding entries for 30 CFR 75.1504, 75.1505, 
75.1714-5, and 75.1714-8 into Table 1 to read as follows.


Sec.  3.1  OMB control numbers.

* * * * *

                      Table 1.--OMB Control Numbers
------------------------------------------------------------------------
                                                            OMB  control
                      30 CFR citation                            No.
------------------------------------------------------------------------
 
                                * * * * *
75.1504...................................................     1219-0054
75.1505...................................................     1219-0073
 
                                * * * * *
75.1714-5.................................................     1219-0073
75.1714-8.................................................     1219-0044
 
                                * * * * *
------------------------------------------------------------------------

PART 48--TRAINING AND RETRAINING OF MINERS

0
3. The authority for part 48 continues to read as follows:

    Authority: 30 U.S.C. 811, 825.

0
4. Amend Sec.  48.3 by revising paragraph (p) to read as follows:


Sec.  48.3  Training plans; time of submission; where filed; 
information required; time for approval; method for disapproval; 
commencement of training; approval of instructors.

* * * * *
    (p) Each underground coal operator, who is required to submit a 
revised program of instruction for 30 CFR 75.1502, shall also submit a 
revised training plan under this part 48.

0
5. Amend Sec.  48.5 by revising paragraphs (b)(2) and (b)(5) to read as 
follows and by removing paragraph (e):


Sec.  48.5  Training of new miners; minimum courses of instruction; 
hours of instruction.

* * * * *
    (b) * * *
    (2) Self-rescue and respiratory devices. The course shall be given 
before a new miner goes underground and shall include--
    (i) Instruction and demonstration in the use, care, and maintenance 
of self-rescue and respiratory devices used at the mine;
    (ii) Hands-on training in the complete donning of all types of 
self-contained self-rescue devices used at the mine, which includes 
assuming a donning position, opening the device, activating the device, 
inserting the mouthpiece, and putting on the nose clip; and
    (iii) Hands-on training in transferring between all applicable 
self-rescue devices.
* * * * *
    (5) Mine map; escapeways; emergency evacuation; barricading. The 
program of instruction for mine emergency evacuation and firefighting 
approved by the District Manager under 30 CFR 75.1502 or the escape and 
evacuation plan under 30 CFR 57.11053, as applicable, shall be used for 
this course. The course shall include--
    (i) A review of the mine map; the escapeway system; the escape, 
firefighting, and emergency evacuation plans in effect at the mine; and 
the location of abandoned areas; and
    (ii) An introduction to the methods of barricading and the 
locations of the barricading materials, where applicable.
* * * * *

0
6. Amend Sec.  48.6 by revising paragraphs (b)(5) and (b)(12) to read 
as follows and by removing paragraph (f):


Sec.  48.6  Experienced miner training.

* * * * *
    (b) * * *
    (5) Mine map; escapeways; emergency evacuation; barricading. The 
program of instruction for mine emergency evacuation and firefighting 
approved by the District Manager under 30 CFR 75.1502 or the escape and 
evacuation plan under 30 CFR 57.11053, as applicable, shall be used for 
this course. The course shall include--
    (i) A review of the mine map; the escapeway system; the escape, 
firefighting, and emergency evacuation plans in effect at the mine; and 
the location of abandoned areas; and
    (ii) Methods of barricading and the locations of barricading 
materials, where applicable.
* * * * *
    (12) Self-rescue and respiratory devices. The course shall be given 
before the miner goes underground and shall include--
    (i) Instruction and demonstration in the use, care, and maintenance 
of self-rescue and respiratory devices used at the mine;
    (ii) Hands-on training in the complete donning of all types of 
self-contained self-rescue devices used at the mine, which includes 
assuming a donning position, opening the device, activating the device, 
inserting the mouthpiece, and putting on the nose clip; and
    (iii) Hands-on training in transferring between all applicable 
self-rescue devices.
* * * * *

0
7. Amend Sec.  48.8 by revising paragraphs (b)(4) and (b)(8) to read as 
follows:


Sec.  48.8  Annual refresher training of miners; minimum courses of 
instruction; hours of instruction.

* * * * *
    (b) * * *
    (4) Roof or ground control, ventilation, emergency evacuation and 
firefighting plans. The course shall include a review of roof or ground 
control plans in effect at the mine and the procedures for maintaining 
and controlling ventilation. In addition, for underground coal mines, 
except for miners who receive this training under 30 CFR 75.1504, the 
course shall include a review of the emergency evacuation and 
firefighting program of instruction in effect at the mine.
* * * * *
    (8) Self-rescue and respiratory devices. The course shall include 
instruction and demonstration in the use, care, and maintenance of 
self-rescue and respiratory devices used at the mine. In addition, 
except for miners who receive this training under 30 CFR 75.1504, the 
training for self-contained self-rescue (SCSR) devices shall include:
    (i) Hands-on training in the complete donning of all types of self-
contained self-rescue devices used at the mine, which includes assuming 
a donning position, opening the device, activating the device, 
inserting the mouthpiece, and putting on the nose clip; and
    (ii) Hands-on training in transferring between all applicable self-
rescue devices.
* * * * *

[[Page 71452]]


0
8. Amend Sec.  48.11 by revising paragraphs (a)(4)(i) and (ii) to read 
as follows:


Sec.  48.11  Hazard training.

    (a) * * *
    (4) Use of self-rescue and respiratory devices, including:
    (i) Hands-on training in the complete donning of all types of self-
contained self-rescue devices used at the mine, which includes assuming 
a donning position, opening the device, activating the device, 
inserting the mouthpiece, and putting on the nose clip; and
    (ii) Hands-on training in transferring between all applicable self-
rescue devices; and
* * * * *

PART 50--NOTIFICATION, INVESTIGATION, REPORTS AND RECORDS OF 
ACCIDENTS, INJURIES, ILLNESSES, EMPLOYMENT, AND COAL PRODUCTION IN 
MINES--[AMENDED]

0
9. The authority citation for part 50 is revised to read as follows:

    Authority: 29 U.S.C. 557(a); 30 U.S.C. 811, 813(j), 951, 957, 
961.


0
10. Amend Sec.  50.2 by revising paragraphs (h)(3) and (h)(6) to read 
as follows:


Sec.  50.2  Definitions.

* * * * *
    (h) * * *
    (3) An entrapment of an individual for more than 30 minutes or 
which has a reasonable potential to cause death;
* * * * *
    (6) In underground mines, an unplanned fire not extinguished within 
10 minutes of discovery; in surface mines and surface areas of 
underground mines, an unplanned fire not extinguished within 30 minutes 
of discovery;
* * * * *

0
11. Revise Sec.  50.10 to read as follows:


Sec.  50.10  Immediate notification.

    The operator shall immediately contact MSHA at once without delay 
and within 15 minutes at the toll-free number, 1-800-746-1553, once the 
operator knows or should know that an accident has occurred.

PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES--
[AMENDED]

0
12. The authority citation for part 75 continues to read as follows:

    Authority: 30 U.S.C. 811.


0
13. Amend Sec.  75.380 by revising paragraph (d)(7) to read as follows:


Sec.  75.380  Escapeways; bituminous and lignite mines.

* * * * *
    (d) * * *
    (7) Provided with a continuous, durable directional lifeline or 
equivalent device that shall be--
    (i) Installed and maintained throughout the entire length of each 
escapeway as defined in paragraph (b)(1) of this section;
    (ii) Flame-resistant in accordance with the requirements of part 18 
of this chapter upon replacement of existing lifelines; but in no case 
later than June 15, 2009;
    (iii) Marked with a reflective material every 25 feet;
    (iv) Located in such a manner for miners to use effectively to 
escape;
    (v) Equipped with directional indicators, signifying the route of 
escape, placed at intervals not exceeding 100 feet. When cones are used 
as directional indicators, they shall be installed so that the tapered 
section points inby; and
    (vi) Securely attached to and marked to provide tactile feedback 
indicating the location of any SCSR storage locations in the 
escapeways.
* * * * *

0
14. Amend Sec.  75.381 by revising paragraph (c)(5) to read as follows:


Sec.  75.381  Escapeways; anthracite mines.

* * * * *
    (c) * * *
    (5) Provided with a continuous, durable directional lifeline or 
equivalent device that shall be--
    (i) Installed and maintained throughout the entire length of each 
escapeway as defined in paragraph (b) of this section;
    (ii) Flame-resistant in accordance with the requirements of part 18 
of this chapter upon replacement of existing lifelines; but in no case 
later than June 15, 2009;
    (iii) Marked with a reflective material every 25 feet;
    (iv) Located in such a manner for miners to use effectively to 
escape;
    (v) Equipped with directional indicators, signifying the route of 
escape, placed at intervals not exceeding 100 feet. When cones are used 
as directional indicators, they shall be installed so that the tapered 
section points inby; and
    (vi) Securely attached to and marked to provide tactile feedback 
indicating the location of any SCSR storage locations in the 
escapeways.
* * * * *


Sec.  75.383  [Removed]

0
15. Remove Sec.  75.383.

0
16. Revise Sec.  75.1502 and add Sec. Sec.  75.1503, 75.1504, and 
75.1505 to read as follows:


Sec.  75.1502  Mine emergency evacuation and firefighting program of 
instruction.

    Each operator of an underground coal mine shall adopt and follow a 
mine emergency evacuation and firefighting program that instructs all 
miners in the proper procedures they must follow if a mine emergency 
occurs.
    (a) Program approval. The operator shall submit this program of 
instruction, and any revisions, for approval to the District Manager of 
the Coal Mine Safety and Health district in which the mine is located. 
Within 30 days of approval, the operator shall conduct training in 
accordance with the revised program.
    (b) New or revised provisions. Before implementing any new or 
revised approved provision in the program of instruction, the operator 
shall instruct miners in the change.
    (c) Instruction plan. The approved program shall include a specific 
plan designed to instruct miners on all shifts on the following:
    (1) Procedures for--
    (i) Evacuating the mine for mine emergencies that present an 
imminent danger to miners due to fire, explosion, or gas or water 
inundation;
    (ii) Evacuating all miners not required for a mine emergency 
response; and
    (iii) The rapid assembly and transportation of necessary miners, 
fire suppression equipment, and rescue apparatus to the scene of the 
mine emergency.
    (2) The use, care, and maintenance of self-rescue devices, 
including hands-on training in the complete donning and transferring of 
all types of self-rescue devices used at the mine.
    (3) Scenarios requiring a discussion of options and a decision as 
to the best option for evacuation under each of the various mine 
emergencies (fires, explosions, or gas or water inundations). These 
options shall include:
    (i) Encountering conditions in the mine or circumstances that 
require immediate donning of self-rescue devices.
    (ii) Using continuous directional lifelines or equivalent devices, 
tethers, and doors;
    (iii) Traversing undercasts or overcasts;
    (iv) Switching escapeways, as applicable; and
    (v) Negotiating any other unique escapeway conditions.

[[Page 71453]]

    (4) Location and use of the fire suppression and firefighting 
equipment and materials available in the mine.
    (5) Location of the escapeways, exits, routes of travel to the 
surface, including the location of continuous directional lifelines or 
equivalent devices.
    (6) Location, quantity, types, and use of stored SCSRs, as 
applicable.
    (7) A review of the mine map; the escapeway system; the escape, 
firefighting, and emergency evacuation plans in effect at the mine; and 
the location of abandoned areas.
    (8) A description of how miners will receive annual expectations 
training that includes practical experience in donning and transferring 
SCSRs in smoke, simulated smoke, or an equivalent environment and 
breathing through a realistic SCSR training unit or device that 
provides the sensation of SCSR airflow resistance and heat.
    (d) Instructors. (1) The mine operator shall designate a person who 
has the ability, training, knowledge, or experience to conduct the mine 
emergency evacuation instruction and drills in his or her area of 
expertise.
    (2) Persons conducting SCSR donning and transferring training shall 
be able to effectively train and evaluate whether miners can 
successfully don the SCSR and transfer to additional SCSR devices.


Sec.  75.1503  Use of fire suppression equipment.

    In addition to the approved program of instruction required by 30 
CFR 75.1502, each operator of an underground coal mine shall ensure the 
following.
    (a) Working section. At least two miners in each working section on 
each production shift shall be proficient in the use of all fire 
suppression equipment available on such working section, and know the 
location of such fire suppression equipment.
    (b) Attended equipment. Each operator of attended equipment 
specified in 30 CFR 75.1107-1(c)(1), and each miner assigned to perform 
job duties at the job site in the direct line of sight of attended 
equipment as described in 30 CFR 75.1107-1(c)(2), shall be proficient 
in the use of fire suppression devices installed on such attended 
equipment.
    (c) Maintenance shift. The shift foreman and at least one miner for 
every five miners working underground on a maintenance shift shall be 
proficient in the use of fire suppression equipment available in the 
mine, and know the location of such fire suppression equipment.


Sec.  75.1504  Mine emergency evacuation training and drills.

    Each operator of an underground coal mine shall conduct mine 
emergency evacuation training and drills and require all miners to 
participate.
    (a) Schedule of training and drills. Each miner shall participate 
in a mine emergency evacuation training and drill once each quarter. 
Quarters shall be based on a calendar year (Jan-Mar, Apr-Jun, Jul-Sep, 
Oct-Dec). In addition--
    (1) A newly hired miner, who has not participated in a mine 
emergency evacuation training and drill at the mine within the previous 
3 months, shall participate in the next applicable mine emergency 
evacuation training and drill.
    (2) Prior to assuming duties on a section or outby work location, a 
foreman shall travel both escapeways in their entirety.
    (b) Content of quarterly training and drill. Each quarterly 
evacuation training and drill shall include the following:
    (1) Hands-on training on all types of self-rescue devices used at 
the mine, which includes--
    (i) Instruction and demonstration in the use, care, and maintenance 
of self-rescue devices;
    (ii) The complete donning of the SCSR by assuming a donning 
position, opening the device, activating the device, inserting the 
mouthpiece, and putting on the nose clip; and
    (iii) Transferring between all applicable self-rescue devices.
    (2) Training that emphasizes the importance of--
    (i) Recognizing when the SCSR is not functioning properly and 
demonstrating how to initiate and reinitiate the starting sequence;
    (ii) Not removing the mouthpiece, even to communicate, until the 
miner reaches fresh air; and
    (iii) Proper use of the SCSR by controlling breathing and physical 
exertion.
    (3) A realistic escapeway drill that is initiated and conducted 
with a different approved scenario each quarter and during which each 
miner--
    (i) Travels the primary or alternate escapeway in its entirety, 
alternating escapeways each quarter;
    (ii) Physically locates and practices using the continuous 
directional lifelines or equivalent devices and tethers, and physically 
locates the stored SCSRs;
    (iii) Traverses undercasts or overcasts and doors;
    (iv) Switches escapeways, as applicable; and
    (v) Negotiates any other unique escapeway conditions.
    (4) A review of the mine and escapeway maps, the firefighting plan, 
and the mine emergency evacuation plan in effect at the mine, which 
shall include:
    (i) Informing miners of the locations of fire doors, check 
curtains, changes in the routes of travel, and plans for diverting 
smoke from escapeways.
    (ii) Locating escapeways, exits, routes of travel to the surface, 
and abandoned areas.
    (5) Operation of the fire suppression equipment available in the 
mine and the location and use of firefighting equipment and materials.
    (c) Annual expectations training. (1) Over the course of each year, 
each miner shall participate in expectations training that includes 
donning and transferring SCSRs in smoke, simulated smoke, or an 
equivalent environment, and breathing through a realistic SCSR training 
unit that provides the sensation of SCSR airflow resistance and heat.
    (2) A miner shall participate in expectations training within one 
quarter of being employed at the mine.
    (3) The mine operator shall have a purchase order for realistic 
SCSR training units within 30 days of notification by MSHA that the 
units are available. The mine operator shall provide expectations 
training on breathing through a realistic SCSR training unit within 60 
days of receipt of the units.
    (d) Certification of training and drills. At the completion of each 
training or drill required in this section, the operator shall certify 
by signature and date that the training or drill was held in accordance 
with the requirements of this section.
    (1) This certification shall include the names of the miners 
participating in the training or drill. For each miner, this 
certification shall list the content of the training or drill component 
completed, including the escapeway traveled and scenario used, as 
required in paragraphs (b) and (c) of this section.
    (2) Certifications shall be kept at the mine for one year.
    (3) Upon request, the certifications shall be made available to an 
authorized representative of the Secretary and the representative of 
the miners.
    (4) Upon request, a copy of the certification that shows his or her 
own training shall be provided to the participating miner.


Sec.  75.1505  Escapeway maps.

    (a) Content and accessibility. An escapeway map shall show the 
designated escapeways from the working sections or the miners' work 
stations to the surface or the exits at the bottom of the shaft or 
slope and shall be

[[Page 71454]]

posted or readily accessible for all miners--
    (1) In each working section;
    (2) In each area where mechanized mining equipment is being 
installed or removed; and
    (3) At a surface location of the mine where miners congregate, such 
as at the mine bulletin board, bathhouse, or waiting room.
    (b) Keeping maps current. All maps shall be kept up-to-date and any 
change in route of travel, location of doors, or direction of airflow 
shall be shown on the maps by the end of the shift on which the change 
is made.
    (c) Informing affected miners. Miners underground on a shift when 
any such change is made shall be notified immediately of the change and 
other affected miners shall be informed of the change before entering 
the underground areas of the mine.

0
17. Amend Sec.  75.1714 by revising paragraph (b) to read as follows:


Sec.  75.1714  Availability of approved self-rescue devices; 
instruction in use and location.

* * * * *
    (b) Before any person authorized by the operator goes underground, 
the operator shall instruct and train such person in accordance with 
provisions set forth in 30 CFR part 48.

0
18. Amend Sec.  75.1714-2 by revising paragraphs (f) and (g)(2) to read 
as follows:


Sec.  75.1714-2  Self-rescuer devices; use and location requirements.

* * * * *
    (f) If an SCSR is not carried out of the mine at the end of a 
miner's shift, the place of storage shall be approved by the District 
Manager. A sign made of reflective material with the word ``SCSRs'' or 
``SELF-RESCUERS'' shall be conspicuously posted at each SCSR storage 
location. Direction signs made of a reflective material shall be posted 
leading to each storage location.
    (g) * * *
    (2) The one-hour canister shall be available at all times to all 
persons when underground in accordance with a plan submitted by the 
mine operator and approved by the District Manager. When the one-hour 
canister is placed in a storage location, a sign made of a reflective 
material with the word ``SCSRs'' or ``SELF-RESCUERS'' shall be 
conspicuously posted at each storage location. Direction signs made of 
a reflective material shall be posted leading to each storage location.

0
19. Revise Sec.  75.1714-4 to read as follows:


Sec.  75.1714-4  Additional self-contained self-rescuers (SCSRs).

    (a) Additional SCSRs in work places. In addition to the 
requirements in Sec. Sec.  75.1714, 75.1714-1, 75.1714-2, and 75.1714-3 
of this part, the mine operator shall provide the following:
    (1) At least one additional SCSR, which provides protection for a 
period of one hour or longer, for each person at a fixed underground 
work location.
    (2) Additional SCSRs along the normal travel routes for pumpers, 
examiners, and other persons who do not have a fixed work location to 
be stored at a distance an average miner could walk in 30 minutes. The 
SCSR storage locations shall be determined by using one of the methods 
found under paragraph (c)(2) of this section.
    (b) Additional SCSRs on mantrips. If a mantrip or mobile equipment 
is used to enter or exit the mine, at least one additional SCSR, which 
provides protection for a period of one hour or longer, shall be 
available for each person who uses such transportation from portal to 
portal.
    (c) Additional SCSRs in escapeways. When each person underground 
cannot safely evacuate the mine within 30 minutes, the mine operator 
shall provide additional SCSRs stored in each required escapeway.
    (1) Each storage location shall contain at least one SCSR, which 
provides protection for a period of one hour or longer, for every 
person who will be inby that location.
    (2) Storage locations shall be spaced along each escapeway at 30-
minute travel distances no greater than the distances determined by--
    (i) Calculating the distance an average miner walks in 30 minutes 
by using the time necessary for each miner in a sample of typical 
miners to walk a typical length of each escapeway; or
    (ii) Using the SCSR storage location spacing specified in the 
following table, except for escapeways with grades over 5 percent.

------------------------------------------------------------------------
                                                               Maximum
                                                               distance
                                                               between
                    Average entry height                         SCSR
                                                               storage
                                                              locations
                                                               (in ft.)
------------------------------------------------------------------------
<40 in. (Crawl)............................................        2,200
>40-<50 in. (Duck Walk)....................................        3,300
>50-<65 in. (Walk Head Bent)...............................        4,400
>65 in. (Walk Erect).......................................        5,700
------------------------------------------------------------------------

    (d) Additional SCSRs in hardened rooms. As an alternative to 
providing SCSR storage locations in each escapeway, the mine operator 
may store SCSRs in a hardened room located between adjacent escapeways.
    (1) The hardened room shall be designed and constructed to the same 
explosion force criteria as seals.
    (2) The hardened room shall include a means to provide independent, 
positive pressure ventilation from the surface during an emergency.
    (3) The District Manager shall approve the design and construction 
of hardened rooms in the ventilation plan.
    (4) These SCSR storage locations shall be spaced in accordance with 
paragraph (c) of this section.
    (e) Storage location accessibility. All SCSRs required under this 
section shall be stored according to the manufacturers' instructions, 
in conspicuous locations readily accessible by each person in the mine.
    (f) Storage location signs. A sign made of reflective material with 
the words ``SCSRs'' or ``SELF-RESCUERS'' shall be conspicuously posted 
at each storage location. Direction signs made of a reflective material 
shall be posted leading to each storage location.

0
20. Revise Sec.  75.1714-5 to read as follows:


Sec.  75.1714-5  Map locations of self-contained self-rescuers (SCSR).

    The mine operator shall indicate the locations of all stored SCSRs 
on the mine maps required by Sec. Sec.  75.1200 and 75.1505 of this 
part.

0
21. Add Sec. Sec.  75.1714-6, 75.1714-7, and 75.1714-8 to read as 
follows:


Sec.  75.1714-6  Emergency tethers.

    At least one tether, which is a durable rope or equivalent material 
designed to permit members of a mine crew to link together while 
evacuating the mine during an emergency, shall be provided and stored 
with the additional SCSRs on the fixed work location and on the mobile 
equipment required in Sec. Sec.  75.1714-4(a)(1) and (b) of this part.


Sec.  75.1714-7  Multi-gas detectors.

    (a) Availability. A mine operator shall provide an MSHA-approved, 
handheld, multi-gas detector that can measure methane, oxygen, and 
carbon monoxide to each group of underground miners and to each person 
who works alone, such as pumpers, examiners, and outby miners.
    (b) Qualified person. At least one person in each group of 
underground miners shall be a qualified person under Sec.  75.150 of 
this part and each person who works alone shall be trained to use the 
multi-gas detector.
    (c) Maintenance and calibration. Multi-gas detectors shall be 
maintained and calibrated as specified in Sec.  75.320 of this part.

[[Page 71455]]

Sec.  75.1714-8  Reporting SCSR inventory and malfunctions; retention 
of SCSRs.

    (a) SCSR inventory. A mine operator shall submit to MSHA a complete 
inventory of all SCSRs at each mine. New mines shall submit the 
inventory within 3 months of beginning operation.
    (1) The inventory shall include--
    (i) Mine name, MSHA mine ID number, and mine location; and
    (ii) For each SCSR unit, the manufacturer, the model type, the date 
of manufacture, and the serial number.
    (2) In the event that a change in the inventory occurs, a mine 
operator shall report the change to MSHA within the quarter that the 
change occurs (Jan-Mar, Apr-Jun, Jul-Sep, Oct-Dec).
    (b) Reporting SCSR problems. A mine operator shall report to MSHA 
any defect, performance problem, or malfunction with the use of an 
SCSR. The report shall include a detailed description of the problem 
and, for each SCSR involved, the information required by paragraph 
(a)(1) of this section.
    (c) Retention of problem SCSRs. The mine operator shall preserve 
and retain each SCSR reported under paragraph (b) of this section for 
60 days after reporting the problem to MSHA.

[FR Doc. 06-9608 Filed 12-7-06; 8:45 am]
BILLING CODE 4510-43-P


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