71430 Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / Rules and Regulations 

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. 

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 selfcontained 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: 

§§ 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. 

§ 75.1504—The operator shall 

complete the initial quarterly emergency 

mine evacuation training and drill no 

later than March 31, 2007. 

§ 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. 

§§ 75.1714–6 and 75.1714–7—The 

operator shall provide emergency 

tethers and handheld, multi-gas 

detectors no later than February 6, 2007. 

§ 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 

silvey.patricia@dol.gov (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 selfrescue 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 


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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 § 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 § 75.1504 and the SCSR inventory 

required by § 75.1714–8. The final rule 

does not include a specific compliance 

date for one component of 

‘‘expectations’’ training required by 

§ 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 (§ 75.1504); 

additional SCSRs (§ 75.1714–4); tethers 

(§ 75.1714–6); and handheld multi-gas 

detectors (§ 75.1714–7). The Agency 

will also accept contracts with a training 

facility to provide SCSR ‘‘expectations’’

training [§ 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 everpresent 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 nonsubstantive conforming amendments to 


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71432 Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / Rules and Regulations 

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 §§ 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 § 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 selfrescue 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 § 48.8, 

annual refresher training, and § 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. 


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1NIOSH, Information Circular IC 9236, 1989. 

In ‘‘Cleaning, Disinfecting, and 

Sterilizing Self-Contained Self-Rescuer 

Mouthpiece Assemblies Used in HandsOn 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. 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 § 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 § 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 §§ 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 § 75.1504 and transfers the 

requirement for newly hired miners to 

participate in the next evacuation drill 

to § 75.1504(a)(1). The initial drill 

requirements in §§ 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 nonmining 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 § 48.11, 

hazard training, rather than under 

§ 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 § 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 


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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 § 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 underreporting accidents, not over-reporting. 

These commenters said that delays in 


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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 


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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 

§§ 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 nonsubstantive revisions do not reduce 

protection for miners. 

1. Sections 75.380 and 75.381 Lifelines 

in Escapeways 

The final rule retains ETS 

requirements §§ 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 deenergized 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, 

§§ 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, §§ 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 ‘‘Flameresistant 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 flameresistant 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, §§ 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 


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

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, §§ 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, 

§§ 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. 

The final rule, §§ 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 § 75.383(a) to a new 

§ 75.1505 and combines § 75.383(b) and 

ETS § 75.1502(c) into a new, improved 

and expanded § 75.1504. Therefore, 

§ 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 

§ 75.383(b)(2) and (3) required a 

supervisor and two miners to travel the 

entire escapeway every 6 weeks. In 

addition, § 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 § 75.383 with the 

emergency evacuation drill 

requirements in ETS § 75.1502(c) and 

solicited comments on this approach to 

emergency evacuation drills. 

Commenters generally supported the 

elimination of the § 75.383 escapeway 

drills. In response, the final rule 

incorporates requirements from 

§ 75.383(b) into § 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 § 75.1502 contains the 

requirements for a written plan for 

conducting the training and drills 

required under §§ 75.1503, 75.1504, and 

75.1505. In general, the training plan 

provisions in ETS § 75.1502(a) become 

§ 75.1502; the firefighting provisions in 

§ 75.1502(b) become § 75.1503; the 

evacuation training and drill 

requirements in ETS § 75.1502(c) 

become § 75.1504; and the mine and 

escapeway map requirements in 

§ 75.383(a) become § 75.1505. Almost all 

of the requirements in § 75.1502 are 

derived from existing requirements. The 

final rule conforms the program of 

instruction in § 75.1502 with the 

requirements added to the quarterly 

training and drills and annual 

expectations training in § 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 § 75.1502. The final 

rule retains introductory language from 

ETS § 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. 


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3NIOSH, ‘‘Strategies for Improving Miners’

Training,’’ Information Circular IC 9463, DHHS 

(NIOSH) Publication No. 2002–156, September 

2002. 

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 §§ 75.1502(a) 

and (b) retain the requirements in ETS 

§ 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 

§ 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 § 75.1502(a)(1); 

includes evacuation-related training 

requirements from § 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, § 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 

§ 75.1502(a)(1)(v) and (vi) in 

§ 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 § 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 

§ 75.1502(c)(4) and transfers training on 

the use of lifelines to evacuation 

scenarios in § 75.1502(c)(2)(ii). 

ETS § 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 

§ 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 

§ 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 § 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 § 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 § 75.1504. 

MSHA addresses commenters’

concerns about § 75.1502 Mine 

Emergency Evacuation and Firefighting 

Program of Instruction in § 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 § 75.1502(d) retains 

unchanged ETS § 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. 

4. Section 75.1503 Use of Fire 

Suppression Equipment 

The final rule transfers the 

requirements for use of fire suppression 

equipment from § 75.1502(b) to new 

§ 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 § 75.1502, 

contains requirements that the miner 

must experience in the § 75.1504 

training and drills. This final rule 

renumbers and revises ETS § 75.1502(c) 

as final § 75.1504. It also removes ETS 

§ 75.1502(c)(4) that had allowed 

evacuation drills to satisfy escapeway 

drill requirements in § 75.383. Because 

there are no longer any escapeways 

drills under § 75.383, § 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 § 48.8 and 

§ 75.383 into § 75.1504. 

a. Introduction to § 75.1504. In the 

introductory text to § 75.1504, the final 


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4The U.S. Bureau of Mines (Vaught et al., 1993). 5 Ibid. 

rule incorporates the existing 

introductory language from ETS 

§ 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 § 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 §§ 48.5(e) and 48.6(f). 

In new § 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 § 75.1504(b) retains 

and clarifies ETS § 75.1502(c)(2) 

requirements for a comprehensive, 

realistic mine emergency evacuation 

drill, and incorporates escapeway drill 

requirements from § 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].’’

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 § 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. 

To assure that miners can obtain a 

proper fit of the SCSR mouthpiece, the 

final rule changes the requirement in 

§ 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 § 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 § 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 


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6NIOSH. ‘‘Judgment and Decision-Making under 

Stress: An Overview for Emergency Managers,’’

(Kowalski and Vaught, YEAR). 

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 § 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 § 75.1504(b)(3), 

the final rule retains and clarifies ETS 

§ 75.1502(c)(2) requiring a 

comprehensive, realistic mine 

emergency evacuation drill and 

integrates the escapeway drill 

requirements from § 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. 

Scenarios. In § 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, 

§ 75.1504(b)(3)(i) requires that a 

different scenario be used each quarter. 

Although ETS § 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 (§ 75.383). 

Commenters acknowledged that miners 

walked the escapeways under existing 

§ 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 § 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 


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7NIOSH, ‘‘Fire Response Preparedness for 

Underground Mines,’’ Informational Circular IC 

9481, 2005. 

8NIOSH, ‘‘Emerging Technologies: Aiding 

Responders in Mine Emergencies and During the 

Escape from Smoke-Filled Passageways,’’ 2002. 

[from existing §§ 48.8(b)(4), 75.383(b)(4), 

and 75.1502(a)]. In § 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 § 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 § 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 § 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 § 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—

Quality training enhances the awareness of 

mine fire hazards and promotes selfconfidence. 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 § 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 § 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 


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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 § 75.383(a)] 

The final rule transfers the escapeway 

map requirements in § 75.383(a) to 

§ 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 § 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 §§ 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 industrywide. 

The terms required to be displayed on 

the signs predated the ETS: § 75.1714–

2(f) required the signs to say ‘‘SELFVerDate Aug<31>2005 18:10 Dec 07, 2006 Jkt 211001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\08DER5.SGM 08DER5

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RESCUER’’ or ‘‘SELF-RESCUERS’’ and 

§ 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 § 75.1714–2(f) inserts a 

provision inadvertently omitted from 

former § 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 

§ 75.1714–2(f). 

9. Section 75.1714–4 Additional SelfContained Self-Rescuers 

Final § 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 § 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 § 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 timedistance tables in MSHA’s Program 

Policy Manual (PPM), Volume 5, 

§ 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 

§ 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 § 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 § 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 § 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 § 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 beltwearable 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 § 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 § 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 

§ 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 


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9MSHA–NIOSH study, ‘‘The Oxygen Cost of a 

Mine Escape’’ (Kovac, Kravitz, and Rehak, 1997). 

SCSR storage plan because it will be 

addressed in the Emergency Response 

Plan required by Section 2(b) of the 

MINER Act. 

Final § 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 § 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 

§ 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

(iii) Comments on Performance-Based 

Approach to Spacing of SCSR Storage 

Locations. The ETS included a ‘‘heartrate 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 performancebased 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 

§ 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, § 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 

§ 75.1714–4(c)(2). 

(d) Additional SCSRs in Hardened 

Rooms. The final rule adds an 

alternative in § 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 


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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 § 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 § 75.1714–5 retains the 

requirement for the mine operator to 

mark the SCSR storage locations on the 

§ 75.1505 (formerly § 75.383) posted 

mine escapeway map and on the 

§ 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 § 75.1200 mine map is 

used for mine rescue response. 

11. Section 75.1714–6 Emergency 

Tethers 

Final § 75.1714–6 is a new 

requirement and addresses MSHA’s 

concern that miners not become 

separated when escaping from a smokefilled 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 § 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 § 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 § 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 


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currently approved by MSHA for use in 

underground coal mines. A multi-gas 

detector is a viable alternative. MSHAapproved, 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 

§ 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 § 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 

§ 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 § 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 § 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 § 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 § 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 § 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 

§ 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: 

• The appropriateness of requiring 

mine operators to report the total 

number of SCSRs (inventory) in use at 

each underground coal mine, semiannually, to the MSHA District 

Manager; 

• Requiring the inventory to include 

additional information for each SCSR, 

i.e., the manufacturer, the model, the 

date of manufacture, and the serial 

number; 

• 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 § 75.1714, was used for an 

accident or emergency; and 

• The reporting of all instances where 

an SCSR device did not function 


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Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / Rules and Regulations 71447 

10For 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. 

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 § 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 renumbered. 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 § 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. 

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 


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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. 


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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: 

• § 48.3 Training plans; time of 

submission; where filed; information 

required; time for approval; method for 

disapproval; commencement of training; 

approval of instructors. 

• § 50.10 Immediate notification. 

• § 50.11 Investigation. 

• § 75.1502 Mine emergency 

evacuation and firefighting program of 

instruction. 

• § 75.1504 Mine emergency 

evacuation drills. 

• § 75.1714–3 Self-rescue devices; 

inspection, testing, maintenance, repair 

and recordkeeping. 

• § 75.1714–4 Additional selfcontained self-rescuers. 

• § 75.1714–5 Map locations of selfcontained self-rescuers. 

• § 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 § 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 § 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 § 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. § 3504, 

paragraph (h) of the Paperwork 

Reduction Act of 1995, as amended. A 

copy of the information collection 

package can be obtained from the 

Department of Labor by electronic mail 

request to king.darrin@dol.gov or by 

phone request to 202–693–4129. 

Comments on the provisions in the 

information collection requirements 

should be sent to both the Office of 

Information and Regulatory Affairs of 

OMB and to MSHA. Comments sent to 

OMB should be sent to ‘‘Attention: Desk 

Officer for MSHA.’’ Comments sent to 

MSHA should be sent to the Office of 

Standards, Regulations, and Variances. 


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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. 


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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 

■ 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] 

■ 1. The authority for part 3 continues 

to read as follows: 

Authority: 30 U.S.C. 957; 44 U.S.C. 3501–

3520. 

■ 2. Amend § 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. 

§ 3.1 OMB control numbers. 

* * * * * 

TABLE 1.—OMB CONTROL NUMBERS

30 CFR citation OMB 

control 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 

■ 3. The authority for part 48 continues 

to read as follows: 

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

■ 4. Amend § 48.3 by revising paragraph 

(p) to read as follows: 

§ 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. 

■ 5. Amend § 48.5 by revising 

paragraphs (b)(2) and (b)(5) to read as 

follows and by removing paragraph (e): 

§ 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 selfrescue 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. 

* * * * * 

■ 6. Amend § 48.6 by revising 

paragraphs (b)(5) and (b)(12) to read as 

follows and by removing paragraph (f): 

§ 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 selfrescue 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. 

* * * * * 

■ 7. Amend § 48.8 by revising 

paragraphs (b)(4) and (b)(8) to read as 

follows: 

§ 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 selfrescue 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. 

* * * * * 


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■ 8. Amend § 48.11 by revising 

paragraphs (a)(4)(i) and (ii) to read as 

follows: 

§ 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] 

■ 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. 

■ 10. Amend § 50.2 by revising 

paragraphs (h)(3) and (h)(6) to read as 

follows: 

§ 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; 

* * * * * 

■ 11. Revise § 50.10 to read as follows: 

§ 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] 

■ 12. The authority citation for part 75 

continues to read as follows: 

Authority: 30 U.S.C. 811. 

■ 13. Amend § 75.380 by revising 

paragraph (d)(7) to read as follows: 

§ 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. 

* * * * * 

■ 14. Amend § 75.381 by revising 

paragraph (c)(5) to read as follows: 

§ 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. 

* * * * * 

§ 75.383 [Removed] 

■ 15. Remove § 75.383. 

■ 16. Revise § 75.1502 and add 

§§ 75.1503, 75.1504, and 75.1505 to read 

as follows: 

§ 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. 


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(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. 

§ 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. 

§ 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 selfrescue 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. 

§ 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 


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71454 Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / Rules and Regulations 

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. 

■ 17. Amend § 75.1714 by revising 

paragraph (b) to read as follows: 

§ 75.1714 Availability of approved selfrescue 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. 

■ 18. Amend § 75.1714–2 by revising 

paragraphs (f) and (g)(2) to read as 

follows: 

§ 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. 

■ 19. Revise § 75.1714–4 to read as 

follows: 

§ 75.1714–4 Additional self-contained selfrescuers (SCSRs). 

(a) Additional SCSRs in work places. 

In addition to the requirements in 

§§ 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. 

Average entry height 

Maximum 

distance 

between 

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. 

■ 20. Revise § 75.1714–5 to read as 

follows: 

§ 75.1714–5 Map locations of selfcontained self-rescuers (SCSR). 

The mine operator shall indicate the 

locations of all stored SCSRs on the 

mine maps required by §§ 75.1200 and 

75.1505 of this part. 

■ 21. Add §§ 75.1714–6, 75.1714–7, and 

75.1714–8 to read as follows: 

§ 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 

§§ 75.1714–4(a)(1) and (b) of this part. 

§ 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 

§ 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 § 75.320 of 

this part. 


pwalker on PRODPC60 with RULES5
Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / Rules and Regulations 71455 

§ 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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