51320 Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Parts 49 and 75 

RIN 1219–AB53 

Mine Rescue Teams 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Proposed rule; notice of public 

hearings; close of comment period. 

SUMMARY: The proposed rule would 

revise MSHA’s existing standards for 

mine rescue teams for underground coal 

mines. It would strengthen training 

requirements and address composition, 

availability, and certification 

requirements for coal mine rescue 

teams. This proposed rule would 

implement the provisions of the Mine 

Improvement and New Emergency 

Response Act of 2006 (MINER Act) to 

improve overall mine rescue service; 

improve mine emergency response time; 

improve mine rescue team effectiveness; 

and increase the quantity and quality of 

mine rescue team training. 

DATES: All comments must be sent on or 

before November 9, 2007. MSHA will 

hold four public hearings on October 23, 

October 25, October 30, and November 

1, 2007. Details about the public 

hearings are in the ‘‘Supplementary 

Information’’ section of this document. 

ADDRESSES: Comments must be clearly 

identified with ‘‘RIN 1219–AB53’’ and 

may be sent to MSHA by any of the 

following methods: 

(1) Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

(2) Electronic mail: zzMSHAcomments@dol.gov. Include ‘‘RIN 1219– 

AB53’’ in the subject line of the 

message. 

(3) Facsimile: 202–693–9441. Include 

‘‘RIN 1219–AB53’’ in the subject line of 

the message. 

(4) Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939. 

(5) Hand Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia. Stop at 

the 21st floor to sign in at the 

receptionist’s desk and wait for an 

escort. 

Information Collection Requirements: 

Comments concerning the information 

collection requirements of this proposed 

rule must be clearly identified with 

‘‘RIN 1219–AB53’’ and sent to both the 

Office of Management and Budget 

(OMB) and MSHA. Comments to OMB 

may be sent by mail addressed to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, New Executive Office Building, 

725 17th Street, NW., Washington, DC 

20503, Attn: Desk Officer for MSHA. 

Docket: Comments can be accessed 

electronically at http://www.msha.gov 

under the Rules and Regs link. MSHA 

will post all comments on the Internet 

without change, including any personal 

information provided. Comments may 

also be reviewed at the Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia. Stop at the 21st 

floor to sign in at the receptionist’s desk 

and wait for an escort. 

Mailing List: MSHA maintains a list 

that enables subscribers to receive email notification when rulemaking 

documents are published in the Federal 

Register. To subscribe, go to http:// 

www.msha.gov under the Mailing List 

link. 

FOR FURTHER INFORMATION CONTACT: 

Patricia W. Silvey, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, at silvey.patricia@dol.gov 

(internet e-mail), 202–693–9440 (voice), 

or 202–693–9441 (facsimile). 

SUPPLEMENTARY INFORMATION: 

Outline of the Preamble 

This outline will assist the mining 

community in finding information in 

this preamble. 

I. Introduction. 

II. Statutory and Rulemaking Background. 

III. Section-by-Section Analysis. 

A. Technical Amendments to Existing 

Standards. 

B. Subpart B—Mine Rescue Teams for 

Underground Coal Mines; Amendments 

to Existing Requirements. 

C. Subpart B—Mine Rescue Teams for 

Underground Coal Mines; Additional 

MINER Act Provisions. 

IV. Regulatory Economic Analysis. 

A. Executive Order 12866. 

B. Population at Risk. 

C. Costs. 

D. Benefits. 

V. Feasibility. 

A. Technological Feasibility. 

B. Economic Feasibility. 

VI. Regulatory Flexibility Act and Small 

Business Regulatory Enforcement 

Fairness Act. 

A. Definition of a Small Mine. 

B. Factual Basis for Certification. 

VII. Paperwork Reduction Act of 1995. 

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. Introduction 

The Mine Improvement and New 

Emergency Response Act of 2006 

became effective on June 15, 2006 

(MINER Act). The goal of the MINER 

Act is ‘‘to improve the safety of mines 

and mining.’’ To accomplish this goal, 

the MINER Act includes provisions to 

improve mine emergency response time, 

improve mine rescue team effectiveness, 

and increase the quantity and quality of 

mine rescue team training. 

Section 4 of the MINER Act requires 

MSHA to publish regulations on mine 

rescue teams by December 2007. 

Because the mine rescue team 

provisions contained in section 4 of the 

MINER Act apply only to underground 

coal mines, this proposed rule would 

affect those mines and the mine rescue 

teams that cover them. 

Public Hearings 

MSHA will hold four public hearings 

concerning the proposed rule. The 

hearings will be held as follows: 

Date Location Contact 

October 23, 2007, 9 a.m. to 1 p.m. .......... Little America Hotel, 500 South Main Street, Salt Lake City, UT 84101 .................... 801–596–5700 

October 25, 2007, 9 a.m. to 1 p.m. .......... Four Points by Sheraton Lexington, 1938 Stanton Way, Lexington, KY 40511 ......... 859–259–1311 

October 30, 2007, 9 a.m. to 1 p.m. .......... Charleston Civic Center, West Virginia Room 105, 200 Civic Center Drive, Charleston, WV 25301.304–345–1500 

November 1, 2007, 9 a.m. to 1 p.m. ........ Sheraton Birmingham Hotel, 2101 Richard Arrington Boulevard, North Birmingham, 

AL 35203.

205–324–5000 

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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules 51321 

The hearings will begin with an 

opening statement from MSHA, 

followed by an opportunity for members 

of the public to make oral presentations 

to the hearing panel. Requests to speak 

at a hearing should be made at least 5 

days prior to the hearing date. Requests 

to speak may be made by telephone 

(202–693–9440), facsimile (202–693–

9441), or mail (MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939). Any 

unallocated time at the end of each 

hearing will be made available to 

persons making same-day requests to 

speak. 

The presiding official may limit 

presentations and exclude irrelevant or 

unduly repetitious material and 

questions to ensure the orderly progress 

of the hearings. The hearing panelists 

may ask questions of speakers. Speakers 

and other attendees may present written 

information to the MSHA panel for 

inclusion in the rulemaking record. 

MSHA will accept post-hearing written 

comments and data for the record from 

any interested party, including those not 

presenting oral statements, until the 

close of the comment period on 

November 9, 2007. 

The hearings will be conducted in an 

informal manner. Formal rules of 

evidence and cross examination will not 

apply. MSHA will make transcripts of 

the hearings, post them on MSHA’s Web 

site http://www.msha.gov, and include 

them in the rulemaking record. 

II. Statutory and Rulemaking 

Background 

In accordance with section 115(e) of 

the Federal Mine Safety and Health Act 

of 1977 (Mine Act), MSHA issued 

standards in 30 CFR part 49 for mine 

rescue teams in underground coal and 

metal and nonmetal mines (45 FR 

47002, July 11, 1980). Part 49 contains 

requirements addressing the three 

essential elements of effective mine 

rescue teams: (1) Ready availability; (2) 

proper equipment; and (3) basic levels 

of skills and training. 

After several underground coal mine 

disasters in 2006, Congress passed and 

the President signed the MINER Act. 

Section 4 of the MINER Act requires 

that the Secretary issue regulations for 

mine rescue teams by December 2007. 

The MINER Act also requires that any 

new standards not waive training 

requirements for existing teams. 

III. Section-by-Section Analysis 

The MINER Act requires underground 

coal mine operators to use mine rescue 

teams that meet specific requirements 

for certification, composition, 

availability, and training. As specified 

by the MINER Act, MSHA is proposing 

additional standards for mine rescue 

teams for underground coal mines. 

A. Technical Amendments to Existing 

Standards 

This proposed rule would make no 

substantive change to requirements for 

mine rescue teams at underground 

metal and nonmetal mines. MSHA is 

proposing the following non-substantive 

organizational changes to the existing 

standards. 

• For clarity, MSHA proposes to add 

a heading designating the existing 

standards as Subpart—A—Mine Rescue 

Teams for Underground Metal and 

Nonmetal Mines. This proposed rule 

would make no changes to §§ —49.1 

through 49.9. 

• MSHA proposes to delete § 49.10 

Effective date. The effective date 

language is obsolete. 

B. Subpart B—Mine Rescue Teams for 

Underground Coal Mines; Amendments 

to Existing Requirements 

MSHA is proposing a new subpart B 

that would contain all the standards 

applicable to mine rescue teams for 

underground coal mines. Subpart B 

would contain the existing requirements 

renumbered as §§ 49.11 through 49.19, 

with modifications to achieve the goals 

of the MINER Act and to address the 

unique conditions present in anthracite 

coal mines. The proposal reserves 

§ 49.14 because it is not applicable to 

underground coal mines. 

In addition, to address the new 

MINER Act provisions, subpart B 

contains the following five new 

standards: 

§ 49.20 Requirements for all coal mines. 

§ 49.30 Requirements for small coal 

mines. 

§ 49.40 Requirements for large coal 

mines. 

§ 49.50 Certification of coal mine rescue 

teams. 

§ 49.60 Requirements for local mine 

rescue contests. 

1. New Subpart B and the 

Reorganization of Part 49 

MSHA requests comments on the 

proposed re-organizational change to 30 

CFR part 49. MSHA specifically solicits 

comments on the approach taken in this 

proposal, that is, retaining all existing 

standards as a separate subpart A 

applicable to underground metal and 

nonmetal mines and creating a new 

separate subpart B containing existing 

standards and proposed new MINER 

Act provisions for underground coal 

mines. The Agency also is considering 

an alternative that would retain the 

existing standards in subpart A, 

applicable to all underground mines, 

and add a new subpart B, applicable 

only to underground coal mines, to 

address MINER Act requirements. 

MSHA also is requesting comments 

on whether this proposed rule will 

result in different approaches to 

providing mine rescue services and, if 

so, what those approaches would be. 

The Agency believes that the new 

requirements in the MINER Act might 

result in providers of mine rescue 

services seeking alternative methods of 

providing these services. This issue will 

be discussed in more detail later in the 

preamble. 

2. Section 49.11 Purpose and Scope 

MSHA proposes to add the phrase, 

‘‘as amended by the Mine Improvement 

and New Emergency Response Act of 

2006,’’ to update § 49.11 Purpose and 

scope. This change is a technical 

amendment. The proposed rule also 

would number the existing paragraph 

(a) and add a new paragraph (b). 

Paragraph (b) would contain a table to 

provide mine operators a quick visual 

summary of their new compliance 

obligations under the MINER Act. As 

noted in the table (Table 49.11): 

Team members of State-sponsored teams 

who are full-time State employees whose 

primary job duties include (1) inspecting 

underground mines for compliance with 

State safety laws or (2) training mine rescue 

teams or (3) conducting mine safety training 

or (4) other similar duties that would 

enhance their mine rescue knowledge may 

substitute their regular job experience for 50 

percent of the training requirements (annual 

training which includes mine rescue contests 

and mine-site training) for non-State 

employee mine rescue team members. 

MSHA requests comments on this 

provision, particularly on allowing 

experience to substitute for 50 percent 

of the training requirements. 

3. Section 49.12(b) Alternative 

Composition Requirements for Mine 

Rescue Teams for Anthracite Coal Mines 

Existing § 49.2(b) requires mine 

rescue teams to have five members and 

one alternate. MSHA is proposing this 

requirement for underground coal mines 

as § 49.12(b) and would add a provision 

specifically to address underground 

anthracite coal mines that have no 

electrical equipment at the face or 

working section. 

Because mining methods and 

conditions in underground anthracite 

coal mines are unique, anthracite mine 

operators have been granted petitions 

for modification under section 101(c) of 

the Mine Act allowing mine rescue 

teams covering these mines to be 

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51322 Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules 

comprised of three members each and 

one alternate team member to serve both 

teams. In support of these petitions, 

anthracite mine operators cited the 

following: 

• Most anthracite mines are not 

highly mechanized. Production and 

maintenance work is done largely by 

hand, using simple hand tools and 

equipment. Anthracite mines may have 

no underground electric power or may 

have power only at the bottom of the 

hoist slope. 

• Typically, extraction occurs in a 

single face or production area. Many 

anthracite mines are developed only 

short distances underground, rarely 

more than several thousand feet. 

• Anthracite seams dip steeply and 

are often near vertical. Openings are 

narrow and constricted. Access between 

levels is by means of hardwood ladders 

through small, steeply pitched 

openings. 

• The hoist bucket, used to transport 

personnel, typically can accommodate 

no more than four persons. 

• Rock dusting is not required 

because of the extremely low 

combustibility of anthracite coal, caused 

by its low volatile content. 

• The average underground anthracite 

mine employs four miners. 

• In the past 20 years, no more than 

one mine rescue team has been needed 

in the anthracite region for rescue and 

recovery activities. Further, no more 

than three rescue team members have 

entered a working place at the same 

time during such activities. 

In accordance with section 101(c) of 

the Mine Act, MSHA investigated each 

petition of § 49.2(b) from these small, 

underground anthracite coal mines and 

made the following finding: 

Considering this confirmation and the 

narrow width and constricted openings, the 

limited capacity of hoist conveyances, the 

pitched seam, the short travel distance from 

the slope bottom to the working face, and the 

low combustibility of anthracite coal, 

petitioner’s alternative method of two mine 

rescue teams with three members each is as 

safe as maintaining two teams of five 

members. As such, it achieves the result of 

the standard to ensure the availability of 

mine rescue capability for purposes of 

emergency rescue and recovery. 

On the basis of the petitions and the 

findings of its investigations, MSHA 

granted 22 petitions for modification of 

§ 49.2(b) that allow anthracite coal 

mines to operate under the approved 

alternate method. Currently, 10 

underground anthracite coal mines 

operate under this approved alternative 

method. 

The proposed rule would allow 

anthracite coal mines, which have no 

electrical equipment at the face or 

working section, to have two mine 

rescue teams consisting of at least three 

members per team and one alternate 

shared between both teams. This 

proposed provision is consistent with 

the action taken in existing petitions for 

modification. 

4. Section 49.12(c) Alternative 

Experience Requirement for Members of 

Contract Mine Rescue Teams 

Existing § 49.2(c) requires mine rescue 

team members to have been employed 

in an underground mine for at least 1 

year within the past 5 years. MSHA is 

proposing this requirement for 

underground coal mines as § 49.12(c) 

and would add a provision specifically 

to implement the requirement in the 

MINER Act for members of contract 

mine rescue teams. The MINER Act 

requires that members of contract mine 

rescue teams have ‘‘a minimum of 3 

years underground coal mine 

experience that shall have occurred 

within the 10-year period preceding 

their employment on the contract mine 

rescue team.’’

The proposed rule would retain the 

existing provision that, for the purpose 

of mine rescue work only, miners who 

are employed on the surface but work 

regularly underground can use that time 

to meet the experience requirement. 

MSHA also would waive the 

underground experience requirement 

for those miners on a mine rescue team 

on the effective date of the rule. 

5. Section 49.12(f) Available Within 1 

Hour Ground Travel Time From the 

Mine Rescue Station 

Existing § 49.2(f) requires that no 

mine served by a mine rescue team shall 

be located more than 2 hours ground 

travel time from the mine rescue station 

with which the rescue team is 

associated. MSHA is proposing this 

requirement for underground coal mines 

as § 49.12(f). Proposed § 49.12(f) revises 

existing § 49.2(f) to include the MINER 

Act requirement that the mine rescue 

team be available at the underground 

coal mine within 1 hour ground travel 

time from the mine rescue station. This 

change from 2 hours to 1 hour ground 

travel time between the mine and its 

mine rescue station is intended to 

ensure that a team will arrive at the 

mine more quickly in case of a mine 

emergency. 

MSHA projects that the availability of 

a team within 1 hour ground travel time 

from the station to the covered mine 

would result in the establishment of 28 

additional mine rescue stations. This 

estimate is based on the general 

locations of mines and mine rescue 

stations, without consideration of road 

or traffic conditions, and the experience 

and expertise of MSHA’s technical staff 

in the Office of Coal Mine Safety and 

Health. The Agency solicits comment on 

whether some existing stations may 

need to be moved to meet this 

requirement. MSHA also solicits 

comment on whether mine operators 

will encounter any difficulties in 

meeting the requirements of the 

proposal. MSHA specifically requests 

information, from members of the 

mining community affected by this 

provision, on the number of additional 

mine rescue teams and stations that 

would be needed to comply with this 

new requirement. MSHA is particularly 

interested in: (1) How compliance 

would be achieved; (2) location of new 

rescue stations; (3) make-up and 

composition of new teams; and (4) any 

other information that might be useful. 

MSHA is also interested in feasibility 

information, including economic 

feasibility. The Agency requests that 

commenters include specific 

information, such as cost or technical 

capability, in support of their positions. 

6. Section 49.13 Alternative Mine 

Rescue Capability for Small and Remote 

Mines 

Existing § 49.3 provides alternative 

capability for small and remote mines 

and is proposed as § 49.13 for 

underground coal mines. Proposed 

paragraphs (a) and (c)(3) would be 

revised to be consistent with the 1-hour 

requirement of the MINER Act. These 

provisions would require 1 hour ground 

travel time from the mine rescue station 

to the covered mine and that the 

operator’s application include the total 

underground employment of any mines 

within 1 hour of the operator’s mine. 

Proposed paragraph (c)(2) would be 

revised to require that the operator 

include the location of the mine rescue 

station serving the mine. 

7. Section 49.14 [Reserved] 

Existing § 49.4 provides alternative 

mine rescue capability for special 

mining conditions. The proposed rule 

would not include this provision in 

subpart B because it is not applicable to 

underground coal mines. 

8. Section 49.15(a) Mine Rescue 

Station 

Existing § 49.5(a) requires operators of 

underground coal mines to designate, in 

advance, the location of the mine rescue 

station serving the mine, except where 

alternative compliance is permitted. 

Proposed § 49.15(a) would require 

every operator of an underground mine 

to designate, in advance, the location of 

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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules 51323 

the mine rescue station serving the 

mine. The proposal would delete the 

exception related to alternative 

compliance. This proposed provision is 

consistent with the goals of the MINER 

Act. 

9. Section 49.16(a) Alternative 

Equipment Requirement for Anthracite 

Mines 

Existing § 49.6(a) requires mine rescue 

stations to have specific amounts of 

equipment that are appropriate for two 

mine rescue teams composed of five 

members and one alternate. MSHA is 

proposing this requirement for 

underground coal mines as § 49.16(a) 

and adding a provision specifically to 

address underground anthracite coal 

mines that have no electrical equipment 

at the face or working section. 

Because MSHA allows mine rescue 

teams for underground anthracite coal 

mines, which have no electrical 

equipment at the face or working 

section, to have three members for each 

team and one alternate to serve both 

teams, anthracite mine operators have 

submitted petitions for modification 

under section 101(c) of the Mine Act to 

MSHA to allow the mine rescue station 

to maintain eight self-contained oxygen 

breathing apparatus and eight cap lamps 

and a charging station, rather than 

twelve of each as required by the 

existing standard. 

In accordance with section 101(c) of 

the Mine Act, MSHA investigated each 

petition and made the following finding: 

MSHA’s investigation found that reducing 

the quantity of equipment required to be 

purchased and maintained at the anthracite 

mine rescue station to a quantity consistent 

with the requirements of granted 

modifications currently in effect, which 

allow anthracite mines to be covered by two 

mine rescue teams of three members each 

and an alternate, will provide the same 

measure of protection to the miners. 

On the basis of these petitions and the 

findings of its investigation, MSHA 

granted 17 petitions for modification of 

§ 49.6(a)(1) and (5) that allow each mine 

rescue station for anthracite coal mines 

to have eight self-contained oxygen 

breathing apparatus, eight cap lamps, 

and a charging rack, as the approved 

alternative method. Currently, 10 

underground anthracite coal mines 

operate under this approved alternative 

method. 

Proposed § 49.16(a) would require 

that mine rescue stations covering 

anthracite coal mines that have no 

electrical equipment at the face or 

working section have at least the 

amount of equipment appropriate for 

the number of mine rescue team 

members, consistent with the action 

taken in existing petitions for 

modification. For three-person teams 

and one alternate, this would mean 

seven self-contained oxygen breathing 

apparatus and seven cap lamps; 

equipment required per team rather 

than per team member, such as gas 

detectors, may not be reduced. 

10. Section 49.18(b) Training for Mine 

Rescue Teams 

Under the existing standard, after 

completion of the initial training, all 

team members must ‘‘receive at least 40 

hours of refresher training annually. 

This training shall be given at least 4 

hours each month, or for a period of 8 

hours every 2 months.’’ For 

underground coal mines, this training 

includes training requirements in 

existing § 49.8(b)(1) through (b)(5), 

which would be redesignated as 

§ 49.18(b)(1) through (b)(5) in this 

proposal. 

The proposed rule would add a new 

paragraph (b)(6), which is consistent 

with the goals of the MINER Act. It 

would require all mine rescue team 

members, at least once during each 12- 

month period, to participate in training 

that includes wearing mine rescue 

apparatus while in smoke, simulated 

smoke, or an equivalent environment. 

While some mine operators or training 

facilities may use actual smoke, 

operators can use a nontoxic smoke, 

such as theatrical smoke, which is 

harmless. An equivalent environment 

could include, for example, training 

with glasses or face shields that reduce 

vision and simulate smoke. This 

requirement would assure that mine 

rescue team members are trained in 

realistic conditions. 

This proposal also would increase the 

existing annual training requirement 

from 40 to 64 hours, given at 8 hours 

every 2 months. This increase is in 

response to requirements in the MINER 

Act for additional mine rescue team 

training. 

The MINER Act requires that team 

members be familiar with operations of 

covered mines, have knowledge of the 

operation and ventilation of covered 

mines, and train at covered mines. The 

MINER Act requires mine rescue team 

members to participate in two mine 

rescue contests each year. MSHA has 

determined that an additional 24 hours 

training per year is necessary to cover 

training requirements in the MINER Act, 

including participation in two mine 

rescue contests. Therefore, a minimum 

of 64 hours of refresher training is 

necessary to accommodate the existing 

and new MINER Act mine rescue team 

training requirements. 

MSHA has reviewed the Mine Safety 

Technology and Training Commission 

(Commission) report on Improving Mine 

Safety Technology and Training: 

Establishing U.S. Global Leadership 

(2006). This report contained a number 

of recommendations addressing the 

training of mine rescue teams. One 

recommended that the ‘‘minimum 

amount of training required of mine 

rescue team members should be 

increased to eight hours per month,’’ for 

a total of 96 hours annually. MSHA’s 

proposal takes the Commission’s 

recommendation into consideration. 

Although the proposal includes 64 

hours of training, MSHA requests 

comment on the proposed 64-hour 

training requirement. Specifically, the 

Agency is interested in comment 

pertaining to whether the proposed 

amount should be increased or 

decreased in the final rule. Commenters 

should specifically address: the 

rationale for the amount of training; the 

type of training; the number of hours of 

training that should be required for 

specific activities; and the impact of 

such a requirement on the mining 

industry’s ability to form additional 

mine rescue teams or retain current 

mine rescue team members. 

Proposed paragraph § 49.18(d) has 

been revised to be consistent with the 

goals of the MINER Act by requiring the 

training courses to be conducted by 

instructors who have been employed in 

an underground mine and have had a 

minimum of 1 year experience as a mine 

rescue team member or mine rescue 

instructor within the past 5 years. This 

requirement is necessary to ensure that 

mine rescue team members are 

instructed by persons with practical 

mine rescue experience. Mine rescue 

team instructors who have received 

MSHA approval prior to the effective 

date of the final rule would not have to 

meet these new requirements. 

C. Subpart B-Mine Rescue Teams for 

Underground Coal Mines; Additional 

MINER Act Provisions 

Section 4 of the MINER Act requires 

the following: 

• MSHA must establish, and update 

every 5 years thereafter, criteria to 

certify the qualifications of mine rescue 

teams. MSHA is proposing new § 49.50 

to address the criteria for certifying the 

qualifications of coal mine rescue teams. 

• Underground coal mine operators 

must have an employee knowledgeable 

in mine emergency response who is 

employed at the mine on each shift and 

make available two certified mine 

rescue teams whose members are 

available at the mine within 1 hour 

ground travel time from the mine rescue 

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51324 Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules 

station. MSHA is proposing changes to 

existing § 75.1501(a) to address the 

requirement for an ‘‘employee 

knowledgeable in mine emergency 

response.’’

• Mine rescue team members must be 

knowledgeable, experienced, and 

trained; participate in two mine rescue 

contests per year; and participate in 

mine rescue training at each covered 

mine. MSHA is proposing §§ 49.30 and 

49.40 to address these qualification and 

training-related requirements for small 

and large underground coal mines, 

respectively. In addition, MSHA is 

proposing § 49.60 to address 

requirements for a local mine rescue 

contest. 

1. Section 75.1501(a) Person 

Knowledgeable in Mine Emergency 

Response 

The MINER Act requires the operator 

to have a person employed on each shift 

who is knowledgeable in mine 

emergency response. The responsible 

person required by existing 30 CFR 

75.1501 would meet some of the 

requirements of this provision. Existing 

§ 75.1501(a) requires that—

(a) For each shift that miners work 

underground, there shall be in attendance a 

responsible person designated by the mine 

operator to take charge during mine 

emergencies involving a fire, explosion or gas 

or water inundations. The responsible person 

shall have current knowledge of the assigned 

location and expected movements of miners 

underground, the operation of the mine 

ventilation system, the location of the mine 

escapeways, the mine communications 

system, any mine monitoring system if used, 

and the mine emergency evacuation and 

firefighting program of instruction. 

MSHA is proposing to amend 

§ 75.1501(a) to require that the 

responsible person also have current 

knowledge about the mine’s Emergency 

Response Plan and Mine Rescue 

Notification Plan. Under section 2 of the 

MINER Act, all underground coal mine 

operators must adopt an Emergency 

Response Plan, which must be approved 

by MSHA. MSHA provides guidance to 

mine operators for preparing Emergency 

Response Plans in a Program Policy 

Letter (PPL P06–V–10, 10/24/2006), and 

in the Program Information Bulletin on 

Breathable Air (PIB 07–03, 02/08/2007). 

The PPL and PIB are available on the 

MINER Act Single Source Page at 

http://www.msha.gov. 

MSHA is also proposing to require 

that the responsible person be trained 

annually in mine emergency response 

coordination and communication. In the 

event of a mine emergency, the 

responsible person must be able to 

quickly initiate the Emergency Response 

Plan. New requirements have been 

added to existing § 75.1501 to ensure 

that the responsible person understands 

and has knowledge of the procedures 

and steps necessary to effectively 

respond to a mine emergency. The 

responsible person must receive training 

in the following: organizing a command 

center; directing firefighting personnel; 

deploying firefighting equipment; 

directing mine rescue personnel; 

establishing a fresh air base; deploying 

mine rescue teams; providing for mine 

gas sampling and analysis; establishing 

security; initiating an emergency mine 

evacuation; contacting emergency 

personnel; and communicating 

appropriate information related to the 

emergency. This additional training will 

enhance the responsible person’s 

knowledge in mine emergency response 

and will assure appropriate actions are 

taken in emergency situations. 

The proposed rule is performanceoriented and, therefore, does not 

prescribe the duration of this training. 

Instead, the proposal allows the 

operator to provide training appropriate 

to the unique conditions of the mine 

and the experience of the miner being 

trained. The proposal includes topics 

required to be addressed in the training. 

MSHA expects the operator to assure 

that the responsible person is 

adequately prepared to respond 

appropriately to mine emergencies. 

Consistent with other MSHA training 

requirements, the proposed rule would 

require that the operator certify by 

signature and date after each 

responsible person has completed the 

training and that the certification be 

kept at the mine for 1 year. 

2. Section 49.20 Requirements for All 

Coal Mines 

Proposed § 49.20 would address 

MINER Act provisions that are the same 

for all underground coal mine rescue 

teams, regardless of the size of the 

operation. It would require the operator 

to make available two certified mine 

rescue teams whose members are 

familiar with the operations of each coal 

mine covered by the mine rescue team, 

participate annually in two local mine 

rescue contests, and train at the covered 

mines. The proposed rule contains 

criteria for the certification of mine 

rescue teams for underground coal 

mines as § 49.50 and requirements for a 

local mine rescue contest as § 49.60 of 

this subpart. 

a. Section 49.20(a)(1) Familiarity with 

Operations of Covered Mines. 

MSHA considers ‘‘familiarity’’ with 

the operations of the covered mine as 

first-hand experience of the 

underground mining conditions and 

operations at a particular mine. MSHA 

expects that team members who work at 

the covered mine would be familiar 

with that mine’s conditions and 

operations through participation in 

mine rescue training and quarterly mine 

evacuation drills at the mine. Team 

members who do not work at the 

covered mine would need to become 

familiar with its operations by 

participating in mine rescue training at 

the mine. This training would include: 

identifying the designated escapeways, 

intakes, returns, the ventilation system, 

locations and types of fire fighting 

equipment, the communication system, 

mine-wide monitoring system, and the 

type of transportation equipment used 

at the mine. Also, team members would 

need to be familiar with the location of 

the mine rescue station, stored SCSRs, 

breathable air, hardened rooms, and 

other emergency response equipment or 

supplies. 

MSHA recognizes that the amount of 

time required to familiarize teams with 

a particular mine will vary, depending 

on mining conditions. For example, 

more complex mines and newer team 

members may require more time. For 

this reason, MSHA is not proposing a 

minimum amount of time for mine 

rescue team training underground at 

covered mines. MSHA expects the 

operator to evaluate each team member 

to determine the amount of training 

necessary for that person to become 

familiar with operations at the covered 

mine. 

b. Section 49.20(a)(2) Participation in 

Two Local Mine Rescue Contests. 

The MINER Act adds a new training 

requirement that mine rescue team 

members must participate in two local 

mine rescue contests annually. Mine 

rescue contests are designed to sharpen 

skills and test the knowledge of team 

members who would be called on to 

respond to a mine emergency. 

Historically, mine rescue contests have 

provided individuals with practical, 

hands-on experience and are one of the 

most effective forms of training. Some 

team members who are regular 

participants in contests have been called 

on in recent years to perform actual 

mine rescue and recovery work. They 

have done so successfully and training 

exercises, such as mine rescue contests, 

were essential to maintaining a wellprepared team. 

For the purpose of this requirement, 

MSHA would consider a two-day 

contest, with a different competition 

and simulated mine rescue exercise on 

each day, as two contests if the team 

participated on both days. MSHA 

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expects that this would minimize costs 

for many teams, while providing 

necessary training, because the team 

would have travel costs for only one 

trip, rather than two trips. Another 

potential benefit is that this provision 

would minimize team members’’

absence from their mines where they are 

available to respond in the event of an 

emergency. 

c. Section 49.20(b) Requirements for 

Types of Mine Rescue Teams 

The MINER Act introduces new terms 

to describe different types of mine 

rescue teams: mine-site, composite, 

contract, and State-sponsored teams. 

• A mine-site team is made up of 

team members who work at the mine 

and train at least annually at the 

covered mine. 

• A composite team provides 

coverage for multiple mines and has 

team members which include at least 

two active employees from each covered 

mine who have knowledge of the 

operations and ventilation of the 

covered mine and train semi-annually at 

the covered mine. A composite team can 

be a multiple employer team, a team 

that provides coverage for multiple 

mines owned by the same operator, or 

a State-sponsored team. 

• A contract team is a mine rescue 

team that is provided by an arrangement 

with another coal mine or with a third 

party. Members of a contract team mine 

must have at least 3 years underground 

coal mine experience within the 10-year 

period preceding their employment on 

the contract mine rescue team. Contract 

teams would have to have knowledge of 

the operations and ventilation of the 

covered mine and train quarterly at a 

covered large mine and semi-annually at 

a covered small mine. Although the 

MINER Act uses the phrase 

‘‘commercial mine rescue team 

provided by contract,’’ the proposal 

refers to these teams as contract teams 

provided through an arrangement with 

another mine or a third party. 

• A State-sponsored team is made up 

of State employees who train at least 

annually at the covered mine. 

MSHA invites comment regarding the 

types of State relationships with teams 

and team members that would qualify 

the team members as ‘‘employees’’ and 

the team as ‘‘State-sponsored.’’ MSHA 

invites comment regarding the types of 

teams that are available to mines having 

36 or fewer employees who could 

qualify to be a mine rescue team 

member and whether these mines 

should be able to use other types of 

teams, such as teams consisting of one 

miner per covered mine. 

d. Knowledge of Operations and 

Ventilation at the Covered Mine 

The MINER Act requires members of 

mine rescue teams covering small 

underground coal mines, and composite 

and contract teams covering large 

underground coal mines, to have 

knowledge of the operations and 

ventilation at each covered mine. MSHA 

expects that this requirement would be 

met when each team member reviews 

the mine’s ventilation plan, mine maps, 

roof or ground control plans, and mine 

emergency evacuation plans. MSHA 

also expects that team members who 

work at the mine would generally meet 

this requirement because they 

participate in the quarterly mine 

emergency evacuation training and 

drills. 

e. Mine Rescue Team Training at Each 

Covered Mine 

The MINER Act requires members of 

mine rescue teams to participate in 

training at each covered mine. MSHA 

interprets this to mean that at least one 

of the training sessions must be 

conducted underground at the covered 

mine. The number of training sessions 

required at the covered mine would 

depend on the mine size and type of 

mine rescue team. In accordance with 

the MINER Act, the Agency includes the 

following chart to illustrate the required 

number of training sessions at each 

covered mine each year by mine size 

and type of mine rescue team. 

TABLE 1.—FREQUENCY OF TRAINING FOR MINE RESCUE TEAM MEMBERS AT EACH COVERED UNDERGROUND COAL MINE

EACH YEAR

Type of team 

Mine size 

Large (>36) Small (TM36) 

Mine Site .................................................................................. 1 (annually) ........................................................................... 2 (semi-annually). 

Composite ................................................................................ 2 (semi-annually) ................................................................... 2 (semi-annually). 

Contract ................................................................................... 4 (quarterly) ........................................................................... 2 (semi-annually). 

State-sponsored ...................................................................... 1 (annually) ........................................................................... 2 (semi-annually). 

MSHA notes that the MINER Act 

requires mine rescue teams servicing 

mines with 36 or fewer employees to 

train at each covered mine semiannually. This requirement would 

appear to mean that mine-site teams and 

State-sponsored teams, which are 

required to train at large mines 

annually, would have to train at small 

mines semi-annually if they service 

small mines. Although it is unclear why 

this added burden is placed on small 

mines, MSHA included this provision, 

consistent with the MINER Act. MSHA 

invites comment regarding this matter. 

Commenters should explain any 

suggested alternatives, including 

supporting documentation and data. 

MSHA also requests comment on 

whether this training needs to be 

conducted underground at the covered 

mine. 

f. Integration of Mine Rescue Team 

Training Requirements 

As discussed earlier, the MINER Act 

requires two new categories of training 

for mine rescue team members: 

participation in mine rescue contests 

and participation in training at the 

covered mines. These additional 

requirements complement the existing 

training in § 49.8, proposed as § 49.18 

for underground coal mine rescue 

teams. The existing standard requires 

training sessions underground every 6 

months; and team members to wear 

breathing apparatus for a minimum of 2 

hours every 2 months. MSHA 

anticipates that operators will integrate 

the new requirements, including mine 

rescue training at the covered mines, 

with these existing requirements. 

3. Section 49.30 Requirements for 

Small Coal Mines 

Proposed § 49.30 would be applicable 

to each underground coal mine that has 

36 or fewer employees who could 

qualify to be a mine rescue team 

member. The MINER Act requires that 

members of mine rescue teams covering 

these small mines know the operations 

and ventilation of the mine. 

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4. Section 49.40 Requirements for 

Large Coal Mines 

Proposed § 49.40 would be applicable 

to each underground coal mine that has 

more than 36 employees who could 

qualify to be a mine rescue team 

member. The MINER Act requires that 

the mine operator of a large mine 

designate either an individual mine-site 

team or a composite team as one of the 

two mine rescue teams. The second 

mine rescue team can be a mine-site, 

composite, contract, or State-sponsored 

team. 

5. Section 49.50 Certification of Mine 

Rescue Teams 

Section 4 of the MINER Act requires 

MSHA to establish, and update every 5 

years thereafter, criteria to certify the 

qualifications of mine rescue teams. It 

also requires each operator of an 

underground coal mine to designate two 

certified mine rescue teams. The 

proposed certification criteria include a 

certification statement, equipment and 

training requirements, and the 

frequency of certification. The proposal 

would require that a mine operator 

certify that each of the mine’s two 

designated mine rescue teams meet the 

requirements of this section. To meet 

the proposed requirement, the mine 

operator must submit an annual 

certification statement to the District 

Manager. MSHA requests comments on 

other alternatives for certification of 

mine rescue teams. 

MSHA is proposing that, to be 

certified, the mine rescue team must be 

available when miners are underground 

and within 1-hour ground travel time 

from the mine rescue station to the 

mine; team members must be physically 

fit, experienced working in an 

underground mine, and properly 

trained; and the mine rescue station 

must be adequately equipped. The 

criteria for these qualifications are 

contained in the existing and proposed 

standards. For ease of understanding, 

the Agency has developed a chart in 

which the proposed rule lists the 

criteria for annual certification of mine 

rescue teams by the section number of 

the existing and proposed standards in 

30 CFR part 49. This chart is proposed 

as § 49.50, Table–49.50: Criteria to 

Certify the Qualifications of Mine 

Rescue Teams. 

MSHA has developed certification 

forms that operators may use to assist 

them in complying with this section. 

These optional forms are attached as an 

appendix to this rule. MSHA would 

provide the forms in an electronic 

format and allow electronic filing. 

MSHA has posted the forms on its Web 

site at http://www.msha.gov for 

comment and would welcome any 

suggestions. MSHA would accept 

certification statements in all formats, 

both electronic and paper. 

6. Section 49.60 Requirements for a 

Local Mine Rescue Contest 

Coal mine rescue team members must 

participate in two local mine rescue 

contests annually. The proposed rule 

includes criteria for a local mine rescue 

contest. The proposed rule also requires 

that the mine operator provide 

information concerning the schedule of 

upcoming local mine rescue contests to 

the District Manager when requested. 

MSHA specifically requests comments 

on the following criteria for a local mine 

rescue contest: 

• The contest must be conducted in 

the United States and use MSHArecognized rules. 

• The contest must include a 

minimum of three competing mine 

rescue teams. 

• Team members must have the 

necessary equipment to participate in a 

simulated mine rescue exercise; 

participate in a simulated mine rescue 

exercise while being timed and 

observed by trained judges who evaluate 

the performance of each team and 

provide written feedback; and wear 

oxygen breathing apparatus. 

• Contest judges must have 

completed annual training for mine 

rescue contest judges. 

a. Criteria for a Local Mine Rescue 

Contest. 

Contest Rules. MSHA-recognized 

rules are developed annually by the 

National Mine Rescue Contest Rules 

Committee, comprised of mine rescue 

associations and individuals from 

MSHA, State agencies, academia, and 

the mining industry. MSHA publishes 

these National rules on its Web site at 

http://www.msha.gov/MineRescue/ 

CONTEST and gives training on them 

for any interested persons each year at 

the National Mine Health and Safety 

Academy. MSHA would allow contest 

organizers to use the National Mine 

Rescue Contest Rules and other rules 

recognized by MSHA. A consistent set 

of recognized rules would help mine 

rescue teams work together more 

efficiently and effectively when 

responding to a mine emergency. 

Three Teams. In MSHA’s experience, 

a mine rescue contest must have at least 

three teams competing to provide a 

meaningful competition and learning 

opportunity. Mine rescue contests are a 

vital element in improving mine rescue 

team expertise. They increase mine 

rescue skills, build team cohesiveness 

and trust, and broaden problem-solving 

abilities. Requiring a minimum of three 

teams would reduce the possibility of a 

competition between teams only from 

the same mine and promote 

competitions among teams in close 

geographic proximity. 

Team Members. Even though 

participation in a mine rescue contest is 

considered a training exercise, team 

members must be prepared to compete 

as if the contest were a real mine 

emergency. Team members must have 

the necessary equipment to participate 

in a simulated mine rescue exercise. 

Participation in a simulated mine rescue 

exercise while being timed, observed, 

and judged provides a measure of stress. 

The mine rescue contest is an 

opportunity to test the team member’s 

level of knowledge and skill under 

simulated mine emergency conditions. 

The ability to make correct decisions 

quickly, while under stress and wearing 

breathing apparatus, is a vital skill for 

each mine rescue team member to 

develop. 

Judges. In order for judges to 

administer the mine rescue contest 

fairly and provide appropriate and 

meaningful feedback, judges should 

have a strong background in contest 

rules and critiquing team member 

performance. Each year, MSHA 

provides training at the National Mine 

Health and Safety Academy for MSHA, 

State, industry, mine rescue team 

personnel, simulated mine rescue 

exercise designers, and other interested 

parties. This training is provided under 

a train-the-trainer concept, thereby 

expanding the reach of the training. 

Persons attending this training are then 

qualified to provide training to judges at 

the local level. The training is titled, 

‘‘National Mine Rescue Rules and 

Interpretations Training.’’ This training 

is also Web cast to Western Kentucky; 

Denver, Colorado; Birmingham, 

Alabama; and Price, Utah. This training 

also includes time for a question and 

answer discussion. 

The Agency solicits comments on 

whether there should be a minimum 

amount of annual training prescribed for 

contest judges. In MSHA’s experience, 

training on contest rules and 

interpretations provides the necessary 

background for evaluating and 

critiquing mine rescue team 

performance. MSHA is considering 

allowing attendance at this training to 

satisfy the requirement for annual 

training for judges. MSHA requests 

comments on this approach or whether 

some other training is more appropriate 

for mine rescue contest judges. 

b. Notifying MSHA. The proposed rule 

requires mine operators to notify the 

appropriate District Manager, on 

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request, when and where their 

designated teams plan to participate in 

mine rescue contests. This notice would 

allow MSHA to attend the contest and 

provide assistance. MSHA could verify 

that the contest meets the requirements 

of § 49.60 and achieves its purpose to 

increase mine rescue skills, build team 

cohesiveness and trust, and broaden 

problem-solving abilities. 

c. Alternative to Participation in Local 

Mine Rescue Contests. 

This proposal allows alternatives to 

local mine rescue contests so long as the 

training provides equivalent skills 

development. Under the proposal, Mine 

Emergency Response Development 

(MERD) drills could count as equivalent 

training when the team participates in a 

realistic simulation exercise, such as fire 

and explosion drills, while wearing 

breathing apparatus. Other training that 

provides an equivalent realistic 

simulation exercise, such as fire and 

explosion drills, can substitute for 

participation in a local mine rescue 

contest. MSHA would allow actual 

underground participation in a rescue or 

recovery operation as a substitute for 

participation in a local mine rescue 

contest. MSHA requests comments on 

other alternatives to participation in 

local mine rescue contests. 

IV. Preliminary Regulatory Economic 

Analysis 

A. Executive Order 12866 

Executive Order (E.O.) 12866 as 

amended by E.O. 13258 (Amending 

Executive Order 12866 on Regulatory 

Planning and Review) requires that 

regulatory agencies assess both the costs 

and benefits of regulations. To comply 

with E.O. 12866, MSHA has prepared a 

Preliminary Regulatory Economic 

Analysis (PREA) for the proposed rule. 

The PREA contains supporting data and 

explanation for the summary materials 

presented in this preamble, including 

the covered mining industry, costs and 

benefits, feasibility, small business 

impacts, and paperwork. The PREA is 

located on MSHA’s Web site at http:// 

www.msha.gov/REGSINFO.HTM. A 

printed copy of the PREA can be 

obtained from MSHA’s Office of 

Standards, Regulations, and Variances 

at the address in the ADDRESSES section 

of this preamble. 

Executive Order 12866 classifies a 

rule as a significant regulatory action 

requiring review by the Office of 

Management and Budget if it has an 

annual effect on the economy of $100 

million or more; creates a serious 

inconsistency or interferes with an 

action of another agency; materially 

alters the budgetary impact of 

entitlements or the rights of entitlement 

recipients; or raises novel legal or policy 

issues. Based on the PREA, MSHA has 

determined that the proposed rule 

would not have an annual effect of $100 

million or more on the economy and 

that, therefore, it is not an economically 

‘‘significant regulatory action’’ pursuant 

to section 3(f) of E.O. 12866. MSHA, 

however, has concluded that the 

proposed rule is otherwise significant 

under Executive Order 12866 because it 

raises novel legal or policy issues. 

B. Population at Risk 

The proposed rule would apply to 653 

underground coal mines and cover 

42,597 miners and 8,250 (non-office) 

contractors working at them. Table 2 

shows a summary distribution of mines, 

underground employment, costs 

attributed to this proposal, and revenues 

for these underground coal mines. 

TABLE 2.—SUMMARY DATA FOR UNDERGROUND COAL MINES

Mine size A Number of mines Total number of 

miners B

Number of employees B underground 

Annual revenue 

(billions) 

Annual cost 

(millions) Cost per mine 

1–19 ................................. 220 2,255 1,952 $0.3 $0.7 $3,100 

20–500 ............................. 420 32,852 29,742 9.8 2.3 5,500 

>500 ................................. 13 7,490 6,503 3.0 0.1 7,300 

All Mines .......................... 653 42,597 38,197 13.1 3.1 4,700 

A Size based on total mine employment, excluding office workers. 

B Does not include 8,250 (non-office) contractor employees, 4,096 of which work underground. 

C. Costs 

As shown in Table 3, MSHA estimates 

that the proposed rule would result in 

total yearly costs for the underground 

coal mining industry of approximately 

$3.1 million. Disaggregated by mine 

size, yearly costs would be $0.7 million 

(or approximately $3,100 per mine) for 

mine operators with fewer than 20 

employees; $2.3 million (or about 

$5,500 per mine) for mine operators 

with 20–500 employees; and $0.1 

million (or about $7,300 per mine) for 

mine operators with more than 500 

employees. All cost estimates are 

presented in 2005 dollars. 

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Specific to the mine rescue team 

proposed rule, MSHA has broken down 

total compliance costs for mines with 1–

36 employees and mines with 37 or 

more employees. Of the $3.1 million 

total yearly cost of the proposed rule, 

underground coal mines with 1–36 

employees would incur costs of 

approximately $1.3 million per year and 

underground coal mines with 37 or 

more employees would incur costs of 

approximately $1.8 million per year. 

In addition, the proposed rule would 

impose costs on State-sponsored mine 

rescue teams. As shown in Table 4, the 

total yearly cost of the proposed rule for 

State-sponsored mine rescue teams 

would be about $132,000. Of this, 

$89,000 would be for training and 

$43,000 would be for participation in 

two local mine rescue contests. 

These cost estimates are based on a 

variety of key assumptions regarding the 

response of industry and States to the 

proposed rule: (1) 28 mine rescue 

stations would be added to the 92 

stations currently serving underground 

coal mines; (2) an additional 56 mine 

rescue teams would be formed; (3) none 

of the existing 145 mine rescue teams 

would disband; and (4) the additional 

mine rescue teams would not impose 

any costs on mine operators other than 

those itemized in the PREA. In addition, 

although MSHA is aware that the 

requirements in the proposed rule may 

place some pressure on States to 

increase the number of State-sponsored 

mine rescue teams and stations, MSHA 

assumed no change in the existing 

provision of these services in response 

to the proposed rule. MSHA solicits 

comments on these and all other 

assumptions and data used in the PREA. 

D. Benefits 

The purpose of this proposed rule is 

to enhance the availability and 

effectiveness of mine rescue teams in 

the event of an emergency situation at 

an underground coal mine. Mine 

operators often rely on mine rescue 

teams to save miners during an 

underground emergency such as an 

explosion, fire, roof fall, or water 

inundation. In such a situation, the 

timely arrival of a properly-trained mine 

rescue team can sometimes mean the 

difference between life and death. In 

most instances, other types of rescue 

units, e.g., a rescue squad from the local 

fire department, are unlikely to have the 

specialized training and equipment to 

respond effectively to an emergency due 

to the hazardous nature of the 

underground coal mine environment. 

A good mine rescue team will have 

knowledge and familiarity with the 

mine layout, including the location of 

working sections, mining equipment, 

fire-fighting equipment, first aid 

supplies, transportation, escapeways, 

and emergency shelters; know the 

mine’s roof conditions and ventilation 

system; and have an established 

working relationship with mine 

management and among the team 

members. These factors provide for 

more efficient decision-making during 

an emergency and increased confidence 

in the personnel who implement these 

decisions. 

MSHA has qualitatively determined 

that the proposed rule would make coal 

mine rescue teams better able to 

respond to emergencies when a quick 

response by rescue teams is vital to 

miners. The proposed rule would 

improve overall mine rescue service in 

three areas: 

• It would improve mine emergency 

response time by requiring that mine 

rescue team members be available at the 

mine within 1 hour ground travel time 

from the mine rescue station. 

• It would increase the quality and 

effectiveness of training by requiring 

team members to be familiar with the 

covered mines’’ operations, participate 

in training at the covered mines, and 

participate in two local mine rescue 

contests. 

• It would strengthen the 

requirements for knowledge and 

experience of mine rescue team 


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1U.S. Dept. of Energy, Energy Information 

Administration, ‘‘Annual Coal Report 2005,’’ Table 

28, October 2006. 

members by requiring them to have 

knowledge of the operations and 

ventilation of the covered mines and by 

requiring contract team members to 

have at least 3 years underground coal 

mine experience within the 10-year 

period preceding their employment on 

the contract team. 

The proposed rule also would 

increase awareness of the mine operator 

by requiring the mine operator to 

provide two certified mine rescue teams 

and to have a person knowledgeable in 

mine emergency response on each shift. 

The proposal includes criteria for 

certifying the mine rescue teams and 

clarifies training requirements for the 

knowledgeable person. 

Team members employed at a given 

mine are exceptionally knowledgeable 

in mine gases, ventilation, first aid, and 

other health and safety subjects as they 

apply generally and at that specific 

mine. Their level of mine rescue 

training, combined with their everyday 

presence during the normal work cycle, 

provides an added measure of safety for 

each worker at the mine. 

V. Feasibility 

MSHA has concluded that the 

requirements of the proposed rule are 

technologically and economically 

feasible. 

A. Technological Feasibility 

This proposed rule is not a 

technology-forcing standard and does 

not involve new scientific knowledge. 

The requirements of the rule involve 

training and purchase of equipment and 

a requirement that the mine rescue 

station be located closer, within 1 hour 

(rather than 2 hours) ground travel time 

to the covered mines. MSHA projects 

that this requirement would necessitate 

additional mine rescue stations and 

mine rescue teams. MSHA has 

concluded that the proposed rule is 

technologically feasible. 

B. Economic Feasibility 

The total cost of the proposed rule is 

approximately $3.1 million annually for 

all underground coal mine operators. 

These compliance costs are well under 

one percent of the yearly revenues of 

$13.1 billion for these underground coal 

mine operators. MSHA concludes that 

the amount of these costs supports its 

finding that the proposed rule is 

economically feasible. MSHA solicits 

comments on this issue. 

VI. Regulatory Flexibility Act and 

Small Business Regulatory Enforcement 

Fairness Act 

Pursuant to the Regulatory Flexibility 

Act (RFA) of 1980, as amended by the 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA), MSHA analyzed 

the impact of the proposed rule on small 

entities. Based on that analysis, MSHA 

notified the Chief Council for Advocacy, 

Small Business Administration (SBA), 

and made the certification under the 

Regulatory Flexibility Act at 5 U.S.C. 

605(b) that the proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

The factual basis for this certification is 

presented in full in Chapter V of the 

PREA and in summary form below. 

A. Definition of a Small Mine 

Under the RFA, in analyzing the 

impact of a proposed rule on small 

entities, MSHA must use the Small 

Business Administration’s (SBA’s) 

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 established an alternate 

definition and 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 examined the impact 

of this proposed rule on underground 

coal mines with fewer than 20 

employees, which MSHA has 

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, the 

cost of complying with MSHA’s 

proposed rule and the impact of the 

proposed rule on small mines will also 

be different. It is for this reason that 

small mines are of special concern to 

MSHA. 

In addition, MSHA has examined the 

cost of compliance for underground coal 

mines with 36 or fewer employees, 

consistent with the requirements of the 

MINER Act, to ensure that the proposed 

rule would not significantly and 

adversely impact this subset of mines. 

Thus, the detailed factual basis below 

also shows the economic impact on 

underground coal mines with 36 or 

fewer employees. 

B. Factual Basis for Certification 

MSHA initially evaluates the 

economic impact of a rule on ‘‘small 

entities’’ by comparing the estimated 

costs of the rule for small entities to 

their estimated revenues. When 

estimated costs are less than one percent 

of estimated revenues for the size 

categories considered, MSHA believes it 

is generally appropriate to conclude that 

there is no significant economic impact 

on a substantial number of small 

entities. If the estimated costs are equal 

to or exceed one percent of revenues, 

MSHA will investigate whether a 

further analysis is required. For this 

proposed rule, MSHA has determined 

that the estimated costs are less than 

one percent of the estimated revenues. 

Therefore, MSHA certifies that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Coal mining revenues are derived 

from data on the price of coal and total 

coal production. Total underground coal 

production in 2006 was 359 million 

tons. The price of underground coal in 

2005 was $36.42 per ton.1 Thus, based 

on the total amount of coal production 

and the cost of coal per ton, the total 

estimated revenue in 2006 for 

underground coal production was $13.1 

billion. Using the same approach, the 

estimated 2005 underground coal 

revenue by employment size category is 

approximately $0.3 billion for 220 

mines with 1–19 employees, $1.3 billion 

for 368 mines with 1–36 employees, and 

$10.1 billion for 640 mines with 1–500 

employees. 

The proposed rule would result in an 

average yearly cost per underground 

coal mine of $3,074 for mines with 1–

19 employees; $3,231 for mines with 1–

36 employees; and $4,680 for mines 

with 1–500 employees. The average 

yearly cost per mine for all underground 

coal mines is $4,733. When dividing the 

yearly compliance costs by the annual 

revenues in each mine size category, the 

cost of the rule for underground coal 

mines is 0.24% of revenues for mines 

with 1–19 employees, 0.10% of 

revenues for mines with 1–36 

employees, and 0.03% of revenues for 

mines with 1–500 employees. The cost 

as a percentage of revenues for all 

underground coal mines would be 

approximately 0.02%. 

When applying MSHA’s and SBA’s 

definition of small entities, the annual 

cost of the proposed rule to small mines 

is substantially less than one percent of 

their estimated annual revenues. The 

proposed rule, therefore, would not 

have a significant economic impact on 

a substantial number of small entities. 

Accordingly, MSHA has certified that 

the proposed rule would not have a 

significant economic impact on a 

substantial number of small entities that 

are covered by the proposed rule. 

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51330 Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules 

VII. Paperwork Reduction Act of 1995 

1. Summary 

The mine rescue team proposed rule 

would continue the existing paperwork 

burden requirements and impose 

several new paperwork burden 

requirements. Proposed § 49.16 would 

continue to require certification of 

inspection and testing of breathing 

apparatus, as well as a record of any 

corrective action taken for breathing 

apparatus. Proposed § 49.18 would 

continue to require preparation of 

training materials for new mine rescue 

team members and a record of each new 

mine rescue team member’s training. 

The Office of Management and Budget 

(OMB) has approved these 

requirements, which are in existing 

§§ 49.6 and 49.8, under OMB control 

number 1219–0078. In addition, 

proposed § 49.50 would impose a new 

annual paperwork burden for mine 

operators to certify that each designated 

mine rescue team meets the 

requirements of this part. MSHA has 

developed optional forms for the mine 

operator to use for this certification. 

Proposed § 75.1501 also would require 

mine operators to certify that each 

responsible person has completed the 

required mine emergency response 

training. 

Overall, the underground coal 

industry would incur approximately 

2,466 paperwork burden hours in the 

first year with associated paperwork 

burden costs of approximately $83,300. 

Total burden hours in the first year 

consist of two components: first year 

burden hours and annual burden hours. 

Annual burden hours are those that 

occur every year. Of the 2,466 burden 

hours, 39 burden hours would occur in 

the first year and every 10 years 

thereafter with associated costs of 

$2,450 (equivalent to $349 of 

annualized costs). The remaining 2,427 

burden hours would occur in the first 

year and every year thereafter with 

associated costs of approximately 

$83,000. 

MSHA projects that the proposed rule 

would require additional mine rescue 

teams and equipment. Existing 

standards require information collection 

for mine rescue teams and equipment. 

MSHA would add the information 

collection burden for additional teams 

and equipment to that approved under 

existing Office of Management and 

Budget (OMB) control number 1219–

0078. 

For a detailed explanation of how the 

burden hours and related costs were 

calculated, see Chapter VII of the 

Preliminary Regulatory Economic 

Analysis (PREA) accompanying this 

proposed rule. The PREA is posted on 

MSHA’s Web site at http:// 

www.msha.gov/REGSINFO.HTM. A 

print copy of the PREA can be obtained 

from MSHA’s Office of Standards, 

Regulations, and Variances at the 

address provided in the ADDRESSES

section of this preamble. 

2. Procedural Details 

The information collection package 

has been submitted to 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. 

MSHA requests comments to: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Comments on the information 

collection requirements should be sent 

to both OMB and MSHA. 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 displays OMB 

control numbers in 30 CFR part 3. 

VIII. Other Regulatory Considerations 

A. The Unfunded Mandates Reform Act 

of 1995 

MSHA has reviewed the proposed 

rule under the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1501 et 

seq.). The proposed rule would not 

increase private sector expenditures by 

more than $100 million annually; nor 

would it significantly or uniquely affect 

small governments. The proposed rule 

may result in increased expenditures by 

State, local, or tribal governments, 

however, because it places new 

requirements on underground coal mine 

operators in providing and training 

mine rescue teams. These proposed 

changes would not directly affect States 

or their relationships with the national 

government; however, some States 

sponsor mine rescue teams. In the spirit 

of the Unfunded Mandates Reform Act, 

MSHA specifically solicits comments on 

this proposed rule from State officials. 

B. The Treasury and General 

Government Appropriations Act of 

1999: Assessment of Federal 

Regulations and Policies on Families 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 (5 U.S.C. 601 note) requires 

agencies to assess the impact of 

proposed agency actions on family wellbeing. MSHA has determined that this 

proposed rule would have no effect on 

family stability or safety, marital 

commitment, parental rights and 

authority, or income or poverty of 

families and children. Accordingly, 

MSHA certifies that this proposed rule 

would not impact family well-being. 

C. Executive Order 12630: Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

This proposed rule would not 

implement a policy with takings 

implications. Accordingly, E.O. 12630 

requires no further Agency action or 

analysis. 

D. Executive Order 12988: Civil Justice 

Reform 

This proposed 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 

proposed rule would meet the 

applicable standards provided in 

Section 3 of E.O. 12988. 

E. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This proposed rule would have no 

adverse impact on children. 

Accordingly, E.O. 13045 requires no 

further Agency action or analysis. 

F. Executive Order 13132: Federalism 

Executive Order (E.O.) 13132 requires 

MSHA to develop an accountable 

process to ensure a meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that have ‘‘federalism 

implications.’’ Policies that have 

federalism implications are defined as 

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having ‘‘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.’’ The proposed 

rule would place new requirements on 

underground coal mine operators in 

providing and training mine rescue 

teams. These proposed changes would 

not directly affect States or their 

relationships with the federal 

government. Although the proposed 

rule does not directly affect States, some 

States sponsor mine rescue teams. 

Consistent with the spirit of E.O. 13132, 

MSHA specifically solicits comments on 

this proposed rule from State officials. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule would not have 

‘‘tribal implications,’’ because it would 

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 requires no 

further Agency action or analysis. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Executive Order 13211 requires 

agencies to publish a statement of 

energy effect when a rule has a 

significant energy action that adversely 

affects energy supply, distribution, or 

use. MSHA has reviewed the proposed 

rule for its impact on the supply, 

distribution, and use of energy because 

it applies to the underground coal 

mining industry. MSHA has concluded 

that this proposed rule is not a 

significant energy action because it 

would not have a significant adverse 

effect on the supply, distribution, or use 

of energy. Further, because this 

proposed rule would result in yearly 

costs of approximately $3.1 million to 

the underground coal mining industry, 

relative to annual revenues of $13.1 

billion in 2006, it would not be a 

significant energy action because it 

would not be likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy. 

Accordingly, E.O. 13211 requires no 

further Agency action. 

List of Subjects in 30 CFR Part 49 

Education and training, Mine safety 

and health, Reporting and 

recordkeeping requirements. 

Dated: August 29, 2007. 

Richard E. Stickler, 

Assistant Secretary for Mine Safety and 

Health. 

For the reasons set out in the 

preamble, and under the authority of the 

Federal Mine Safety and Health Act of 

1977 as amended by the Mine 

Improvement and New Emergency 

Response Act of 2006, MSHA is 

proposing to amend chapter 1 of title 30 

of the Code of Federal Regulations as 

follows. 

PART 49—MINE RESCUE TEAMS 

1. The authority for part 49 is revised 

to read as follows: 

Authority: 30 U.S.C. 811, 825(e). 

Subpart A—Mine Rescue Teams for 

Underground Metal and Nonmetal 

Mines 

2. Add a new subpart A with the 

heading as shown above consisting of 

existing §§ 49.1 through 49.9. 

§ 49.10 [Removed] 

3. Remove § 49.10. 

4. Add new subpart B to read as 

follows: 

Subpart B—Mine Rescue Teams for 

Underground Coal Mines 

Sec. 

49.11 Purpose and scope. 

49.12 Availability of mine rescue teams. 

49.13 Alternative mine rescue capability for 

small and remote mines. 

49.14 Reserved. 

49.15 Mine rescue station. 

49.16 Equipment and maintenance 

requirements. 

49.17 Physical requirements for mine 

rescue team. 

49.18 Training for mine rescue teams. 

49.19 Mine emergency notification plan. 

49.20 Requirements for all coal mines. 

49.30 Requirements for small coal mines. 

49.40 Requirements for large coal mines. 

49.50 Certification of coal mine rescue 

teams. 

49.60 Requirements for a local mine rescue 

contest. 

Appendix to Part 49 Subpart B: Optional 

Forms for Certifying Mine Rescue Teams. 

Subpart B—Mine Rescue Teams for 

Underground Coal Mines 

§ 49.11 Purpose and scope. 

(a) This subpart implements the 

provisions of section 115(e) of the 

Federal Mine Safety and Health Act of 

1977 as amended by the Mine 

Improvement and New Emergency 

Response Act of 2006 (MINER Act). 

Every operator of an underground coal 

mine shall assure the availability of 

mine rescue capability for purposes of 

emergency rescue and recovery. 

(b) The following Table 49.11 

summarizes the new requirements for 

mine rescue teams contained in section 

4 of the MINER Act. 

TABLE 49.11—SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE OPERATORS AND MINE

RESCUE TEAMS. 

Requirement 

Type of Mine Rescue Team 

Mine-site Composite Contract State-sponsored* 

Team members must participate at least annually in two local mine rescue contests.YES ............................ YES ............................ YES ............................ YES 

Team members must participate in mine rescue training at the underground coal mine 

covered by the mine rescue team.

Annually at Large 

Mines.

Semi-annually at 

Small Mines.

Semi-annually ............ Quarterly at Large 

Mines.

Semi-annually at 

Small Mines.

Annually at Large 

Mines 

Semi-annually at 

Small Mines 

Teams must be available at the mine within 

1 hour ground travel time from the mine 

rescue station.

YES ............................ YES ............................ YES ............................ YES 

Team members must be knowledgeable 

about the operations and ventilation of the 

covered mines.

YES ............................ YES ............................ YES ............................ YES 

Teams must have team members which include at least two active employees from 

each of the covered mines.

.................................... YES ............................ ....................................

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51332 Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules 

TABLE 49.11—SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE OPERATORS AND MINE

RESCUE TEAMS.—Continued 

Requirement 

Type of Mine Rescue Team 

Mine-site Composite Contract State-sponsored* 

Team must be comprised of persons with a 

minimum of 3 years underground coal 

mine experience that shall have occurred 

within the 10-year period preceding their 

employment on the contract mine rescue 

team.

.................................... .................................... YES ............................

All mine operators must provide for two certified mine rescue teams. Large mine operators shall provide one team that is either an individual 

mine-site mine rescue team or a composite team. 

*Note: Team members of State-sponsored teams who are full-time State employees whose primary job duties include (1) inspecting underground mines for compliance with State safety laws or (2) training mine rescue teams or (3) conducting mine safety training or (4) other similar 

duties that would enhance their mine rescue knowledge may substitute their regular job experience for 50 percent of the training requirements 

(annual training which includes mine rescue contests and mine-site training) for non-State employee mine rescue team members. 

§ 49.12 Availability of mine rescue teams. 

(a) Except where alternative 

compliance is permitted for small and 

remote mines (§ 49.13), every operator 

of an underground mine shall: 

(1) Establish at least two mine rescue 

teams which are available at all times 

when miners are underground; or 

(2) Enter into an arrangement for mine 

rescue services which assures that at 

least two mine rescue teams are 

available at all times when miners are 

underground. 

(b) Each mine rescue team shall 

consist of five members and one 

alternate who are fully qualified, 

trained, and equipped for providing 

emergency mine rescue service. Mine 

rescue teams for anthracite coal mines, 

which have no electrical equipment at 

the face or working section, shall consist 

of at least three members per team and 

one alternate that may be shared 

between both teams. 

(c) To be considered for membership 

on a mine rescue team, each person 

must have been employed in an 

underground mine for a minimum of 1 

year within the past 5 years, except that 

members of contract mine rescue teams 

shall have a minimum of 3 years 

underground coal mine experience that 

shall have occurred within the 10-year 

period preceding their employment on 

the contract mine rescue team. For the 

purpose of mine rescue work only, 

miners who are employed on the surface 

but work regularly underground shall 

meet the experience requirement. The 

underground experience requirement is 

waived for those miners on a mine 

rescue team on the effective date of this 

rule. 

(d) Each operator shall arrange, in 

advance, ground transportation for 

rescue teams and equipment to the mine 

or mines served. 

(e) Upon the effective date of this part, 

the required rescue capability shall be 

present at all existing underground 

mines, upon initial excavation of a new 

underground mine entrance, or the reopening of an existing underground 

mine. 

(f) No mine served by a mine rescue 

team shall be located more than 1 hour 

ground travel time from the mine rescue 

station with which the rescue team is 

associated. 

(g) As used in this part, mine rescue 

teams shall be considered available 

where teams are capable of presenting 

themselves at the mine site(s) within a 

reasonable time after notification of an 

occurrence which might require their 

services. Rescue team members will be 

considered available even though 

performing regular work duties or in an 

off-duty capacity. The requirement that 

mine rescue teams be available shall not 

apply when teams are participating in 

mine rescue contests or providing 

services to another mine. 

(h) Each operator of an underground 

mine who provides rescue teams under 

this section shall send the District 

Manager a statement describing the 

mine’s method of compliance with this 

part. The statement shall disclose 

whether the operator has independently 

provided mine rescue teams or entered 

into an agreement for the services of 

mine rescue teams. The name of the 

provider and the location of the services 

shall be included in the statement. A 

copy of the statement shall be posted at 

the mine for the miners’ information. 

Where a miners’ representative has been 

designated, the operator shall also 

provide the representative with a copy 

of the statement. 

§ 49.13 Alternative mine rescue capability 

for small and remote mines. 

(a) If an underground mine is small 

and remote, an operator may provide for 

an alternative mine rescue capability. 

For the purposes of this part only, 

consideration for small and remote shall 

be given where the total underground 

employment of the operator’s mine and 

any surrounding mine(s) within 1 hour 

ground travel time of the operator’s 

mine is less than 36. 

(b) An application for alternative 

mine rescue capability shall be 

submitted to the District Manager for the 

district in which the mine is located for 

review and approval. 

(c) Each application for an alternative 

mine rescue capability shall contain: 

(1) The number of miners employed 

underground at the mine on each shift; 

(2) The location of the designated 

mine rescue station serving the mine; 

(3) The total underground 

employment of mines within 1 hour 

ground travel time of the operator’s 

mine; 

(4) The operator’s mine fire, ground, 

and roof control history; 

(5) The operator’s established escape 

and evacuation plan; 

(6) A statement by the operator 

evaluating the usefulness of additional 

refuge chambers to supplement those 

which may exist; 

(7) A statement by the operator as to 

the number of miners willing to serve 

on a mine rescue team; 

(8) The operator’s alternative plan for 

assuring that a suitable mine rescue 

capability is provided at all times when 

miners are underground; and 

(9) Other relevant information about 

the operator’s mine which may be 

requested by the District Manager. 

(d) A copy of the operator’s 

application shall be posted at the mine. 

Where a miners’ representative has been 

designated, the operator shall also 

provide the representative with a copy 

of the application. 

(e) In determining whether to approve 

an application for alternative 

compliance, the District Manager shall 

consider: 

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(1) The individual circumstances of 

the small and remote mine; 

(2) Comments submitted by, or on 

behalf of, any affected miner; and 

(3) Whether the alternative mine 

rescue plan provides a suitable rescue 

capability at the operator’s mine. 

(f) Where alternative compliance is 

approved by MSHA, the operator shall 

adopt the alternative plan and post a 

copy of the approved plan (with 

appropriate MSHA mine emergency 

telephone numbers) at the mine for the 

miners’ information. Where a miners’

representative has been designated, the 

operator shall also provide the 

representative with a copy of the 

approved plan. 

(g) The operator shall notify the 

District Manager of any changed 

condition or factor materially affecting 

information submitted in the 

application for alternative mine rescue 

capability. 

(h)(1) An approved plan for 

alternative mine rescue capability shall 

be subject to revocation or modification 

for cause by MSHA, where it is 

determined that a condition or factor 

has changed which would materially 

alter the operator’s mine rescue 

capability. If such action is 

contemplated, the operator will be 

notified, and given an opportunity to be 

heard before the appropriate District 

Manager. 

(2) If an application for alternative 

compliance is denied or revoked, the 

District Manager shall provide the 

reason for such denial or revocation in 

writing to the operator. The operator 

may appeal this decision in writing to 

the Administrator for Coal Mine Safety 

and Health. 

§ 49.14 [Reserved] 

§ 49.15 Mine rescue station. 

(a) Every operator of an underground 

mine shall designate, in advance, the 

location of the mine rescue station 

serving the mine. 

(b) Mine rescue stations are to provide 

a centralized storage location for rescue 

equipment. This centralized storage 

location may be either at the mine site, 

affiliated mines, or a separate mine 

rescue structure. 

(c) Mine rescue stations shall provide 

a proper storage environment to assure 

equipment readiness for immediate use. 

(d) Authorized representatives of the 

Secretary shall have the right of entry to 

inspect any designated mine rescue 

station. 

§ 49.16 Equipment and maintenance 

requirements. 

(a) Each mine rescue station shall be 

provided with at least the following 

equipment. Mine rescue stations serving 

underground anthracite coal mines, 

which have no electrical equipment at 

the face or working section, shall have 

at least the amount of equipment 

appropriate for the number of mine 

rescue team members. 

(1) Twelve self-contained oxygen 

breathing apparatus, each with a 

minimum of 2 hours capacity (approved 

by MSHA and NIOSH under 42 CFR 

part 84, subpart H), and any necessary 

equipment for testing such breathing 

apparatus; 

(2) A portable supply of liquid air, 

liquid oxygen, pressurized oxygen, 

oxygen generating or carbon dioxide 

absorbent chemicals, as applicable to 

the supplied breathing apparatus and 

sufficient to sustain each team for 6 

hours while using the breathing 

apparatus during rescue operations; 

(3) One extra oxygen bottle (fully 

charged) for every six self-contained 

compressed oxygen breathing apparatus; 

(4) One oxygen pump or a cascading 

system, compatible with the supplied 

breathing apparatus; 

(5) Twelve permissible cap lamps and 

a charging rack; 

(6) Two gas detectors appropriate for 

each type of gas which may be 

encountered at the mines served; 

(7) Two oxygen indicators or two 

flame safety lamps; 

(8) One portable mine rescue 

communication system (approved under 

part 23 of this title) or a sound-powered 

communication system. The wires or 

cable to the communication system 

shall be of sufficient tensile strength to 

be used as a manual communication 

system. These communication systems 

shall be at least 1,000 feet in length; and 

(9) Necessary spare parts and tools for 

repairing the breathing apparatus and 

communication system. 

(b) Mine rescue apparatus and 

equipment shall be maintained in a 

manner that will ensure readiness for 

immediate use. A person trained in the 

use and care of breathing apparatus 

shall inspect and test the apparatus at 

intervals not exceeding 30 days and 

shall certify by signature and date that 

the inspections and tests were done. 

When the inspection indicates that a 

corrective action is necessary, the 

corrective action shall be made and the 

person shall record the corrective action 

taken. The certification and the record 

of corrective action shall be maintained 

at the mine rescue station for a period 

of 1 year and made available on request 

to an authorized representative of the 

Secretary. 

§ 49.17 Physical requirements for mine 

rescue team. 

(a) Each member of a mine rescue 

team shall be examined annually by a 

physician who shall certify that each 

person is physically fit to perform mine 

rescue and recovery work for prolonged 

periods under strenuous conditions. 

The first such physical examination 

shall be completed within 60 days prior 

to scheduled initial training. A team 

member requiring corrective eyeglasses 

will not be disqualified provided the 

eyeglasses can be worn securely within 

an approved facepiece. 

(b) In determining whether a miner is 

physically capable of performing mine 

rescue duties, the physician shall take 

the following conditions into 

consideration: 

(1) Seizure disorder; 

(2) Perforated eardrum; 

(3) Hearing loss without a hearing aid 

greater than 40 decibels at 400, 1000, 

and 2000 Hz; 

(4) Repeated blood pressure 

(controlled or uncontrolled by 

medication) reading which exceeds 160 

systolic, or 100 diastolic, or which is 

less than 105 systolic, or 60 diastolic; 

(5) Distant visual acuity (without 

glasses) less than 20/50 Snellen scale in 

one eye, and 20/70 in the other; 

(6) Heart disease; 

(7) Hernia; 

(8) Absence of a limb or hand; or 

(9) Any other condition which the 

examining physician determines is 

relevant to the question of whether the 

miner is fit for rescue team service. 

(c) The operator shall have MSHA 

Form 5000–3 certifying medical fitness 

completed and signed by the examining 

physician for each member of a mine 

rescue team. These forms shall be kept 

on file at the mine rescue station for a 

period of 1 year. 

§ 49.18 Training for mine rescue teams. 

(a) Prior to serving on a mine rescue 

team each member shall complete, at a 

minimum, an initial 20-hour course of 

instruction as prescribed by MSHA’s 

Office of Educational Policy and 

Development, in the use, care, and 

maintenance of the type of breathing 

apparatus which will be used by the 

mine rescue team. The initial training 

requirement is waived for those miners 

on a mine rescue team on the effective 

date of this rule. 

(b) Upon completion of the initial 

training, all team members shall receive 

at least 64 hours of training annually, 

which shall consist of refresher training 

given at 8 hours every 2 months. 

Refresher training shall include: 

(1) Sessions underground at least once 

each 6 months; 

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(2) The wearing and use of the 

breathing apparatus by team members 

for a period of at least 2 hours while 

under oxygen every 2 months; 

(3) Where applicable, the use, care, 

capabilities, and limitations of auxiliary 

mine rescue equipment, or a different 

breathing apparatus; 

(4) Advanced mine rescue training 

and procedures, as prescribed by 

MSHA’s Office of Educational Policy 

and Development; 

(5) Mine map training and ventilation 

procedures; and 

(6) The wearing of mine rescue 

apparatus while in smoke, simulated 

smoke, or an equivalent environment at 

least once during each 12-month period. 

(c) A mine rescue team member will 

be ineligible to serve on a team if more 

than 8 hours of training is missed 

during 1 year, unless additional training 

is received to make up for the time 

missed. 

(d) The training courses required by 

this section shall be conducted by 

instructors who have been employed in 

an underground mine and have had a 

minimum of 1 year experience as a mine 

rescue team member or a mine rescue 

instructor within the past 5 years and 

who have received MSHA approval 

through one of the following methods: 

(1) Completion of an MSHA or State 

approved instructor’s training course 

and the program of instruction in the 

subject matter to be taught; or 

(2) Designation by the District 

Manager as approved instructors to 

teach specific courses, based on their 

qualifications and teaching experience 

outlined above. Previously approved 

instructors need not be redesignated to 

teach the approved courses as long as 

they have taught those courses within 

the 24 months prior to the effective date 

of this part. 

(e) The District Manager may revoke 

an instructor’s approval for good cause. 

A written statement revoking the 

approval together with reasons for 

revocation shall be provided the 

instructor. The affected instructor may 

appeal the decision of the District 

Manager by writing to the Administrator 

for Coal Safety and Health. The 

Administrator shall issue a decision on 

the appeal. 

(f) Upon request from the District 

Manager, the operator shall provide 

information concerning the schedule of 

upcoming training. 

(g) A record of training of each team 

member shall be on file at the mine 

rescue station for a period of 1 year. 

§ 49.19 Mine emergency notification plan. 

(a) Each underground mine shall have 

a mine rescue notification plan 

outlining the procedures to follow in 

notifying the mine rescue teams when 

there is an emergency that requires their 

services. 

(b) A copy of the mine rescue 

notification plan shall be posted at the 

mine for the miners’ information. Where 

a miners’ representative has been 

designated, the operator shall also 

provide the representative with a copy 

of the plan. 

§ 49.20 Requirements for all coal mines. 

(a) The operator of each underground 

coal mine shall make available two 

certified mine rescue teams whose 

members—

(1) Are familiar with the operations of 

the mine, and 

(2) Participate at least annually in two 

local mine rescue contests. 

(b) Team members shall meet the 

following: 

(1) Mine-site team. Members who 

work at the mine and participate in 

mine rescue training at the mine at least 

annually at large mines and semiannually at small mines. 

(2) Composite team. A mine rescue 

team that covers multiple mines and 

whose members—

(i) Include at least two members from 

each covered mine, 

(ii) Are knowledgeable about the 

operations and ventilation of the 

covered underground coal mines, and 

(iii) Participate in mine rescue 

training at each covered mine at least 

semi-annually at large and small mines. 

(3) Contract team. A mine rescue team 

that is provided by an arrangement with 

another coal mine or with a third party 

and whose members—

(i) Are knowledgeable about the 

operations and ventilation of the 

covered underground coal mine, and 

(ii) Participate in mine rescue training 

at a covered large mine at least quarterly 

and at a covered small mine at least 

semi-annually. 

(4) State-sponsored team. Members 

who are State employees and participate 

in mine rescue training at a covered 

large mine at least annually and at a 

covered small mine at least semiannually. 

§ 49.30 Requirements for small coal 

mines. 

At mines with 36 or fewer employees, 

mine rescue team members shall be 

knowledgeable about the operations and 

ventilation of the mine. 

§ 49.40 Requirements for large coal mines. 

At mines with more than 36 

employees, one of the two certified 

mine rescue teams shall be an 

individual mine-site team or a 

composite team. 

§ 49.50 Certification of coal mine rescue 

teams. 

For each mine rescue team designated 

to provide mine rescue coverage at an 

underground coal mine, the mine 

operator shall send the District Manager 

an annual statement certifying that each 

team meets the requirements of this part 

as listed in the following Table 49.50. 

TABLE 49.50.—CRITERIA TO CERTIFY THE QUALIFICATIONS OF MINE RESCUE TEAMS

Qualification Criteria (30 CFR) 

(a) Team Members 

(1) Except where alternative compliance is permitted, team has at least five members and one alternate. .......................... 49.12(a) 

49.12(b) 

(2) Members are physically fit. .................................................................................................................................................. 49.17 

(3) Members have experience working in an underground coal mine. .................................................................................... 49.12(c) 

(4) Members are familiar with the operations of the mine. ....................................................................................................... 49.20(a)(1) 

(5) Members are knowledgeable about the operations and ventilation of the mine. ............................................................... 49.20(b)(2)(ii) 

49.20(b)(3)(i) 

49.30 

(6) Members are properly trained. ............................................................................................................................................ 49.18 

(7) Members participate in mine rescue training at the mine. .................................................................................................. 49.20(b)(1) 

49.20(b)(2)(iii) 

49.20(b)(3)(ii) 

49.20(b)(4) 

49.30 

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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules 51335 

TABLE 49.50.—CRITERIA TO CERTIFY THE QUALIFICATIONS OF MINE RESCUE TEAMS—Continued 

Qualification Criteria (30 CFR) 

(8) Members participate in at least two mine rescue contests annually. ................................................................................. 49.20(a)(2) 

(b) Team Availability 

(1) Team is available at all times when miners are underground. ........................................................................................... 49.12(a) 

(2) Team is available within 1-hour ground travel time from the mine rescue station to the mine. ......................................... 49.12(f) 

(c) Team Equipment 

Appropriate mine rescue equipment is provided, inspected, tested, and maintained. ............................................................. 49.16 

§ 49.60 Requirements for a local mine 

rescue contest. 

(a) A local mine rescue contest is one 

that—

(1) Is conducted in the United States; 

(2) Uses MSHA-recognized rules; 

(3) Has a minimum of three mine 

rescue teams competing; 

(4) Includes team members who—

(i) Have the necessary equipment to 

participate in a simulated mine rescue 

team exercise, 

(ii) Participate in a simulated mine 

rescue team exercise while being timed 

and observed by trained judges who 

evaluate the performance of each team 

and provide written feedback, and 

(iii) Wear oxygen breathing apparatus 

while participating in a realistic 

simulation rescue exercise; and 

(5) Includes contest judges who have 

completed annual training for mine 

rescue contest judges. 

(b) Upon request from the District 

Manager, the operator shall provide 

information concerning the schedule of 

upcoming mine rescue contests. 

(c) Other training that provides 

equivalent skills development can 

substitute for participation in a local 

mine rescue contest. Examples include 

a Mine Emergency Response 

Development (MERD) drill or an 

equivalent realistic simulation exercise, 

such as fire and explosion drills, where 

the team participates in simulated mine 

rescue team exercises and wears 

breathing apparatus. 

Appendix to Part 49 Subpart B: 

Optional Forms for Certifying Mine 

Rescue Teams. 

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BILLING CODE 4510–43–C 


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51338 Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules 

PART 75—[AMENDED] 

6. The authority for part 75 continues 

to read as follows: 

Authority: 30 U.S.C. 811. 

7. Amend § 75.1501 by revising 

paragraph (a) to read as follows: 

§ 75.1501 Emergency evacuations. 

(a) For each shift that miners work 

underground, there shall be in 

attendance a responsible person 

designated by the mine operator to take 

charge during mine emergencies 

involving a fire, explosion or gas or 

water inundations. 

(1) The responsible person shall have 

current knowledge of the assigned 

location and expected movements of 

miners underground, the operation of 

the mine ventilation system, the 

location of the mine escapeways, the 

mine communications system, any mine 

monitoring system if used, locations of 

firefighting equipment, the mine’s 

Emergency Response Plan, the Mine 

Rescue Notification Plan, and the Mine 

Emergency Evacuation and Firefighting 

Program of Instruction. 

(2) The responsible person shall be 

trained annually in mine emergency 

response. Training shall include 

knowledge in the following: 

(i) Organizing a command center; 

(ii) Directing firefighting personnel; 

(iii) Deploying firefighting equipment; 

(iv) Directing mine rescue personnel; 

(v) Establishing fresh air base; 

(vi) Deploying mine rescue teams; 

(vii) Providing for mine gas sampling 

and analysis; 

(viii) Establishing security; 

(ix) Initiating an emergency mine 

evacuation; 

(x) Contacting emergency personnel; 

and 

(xi) Communicating appropriate 

information related to the emergency. 

(3) The operator shall certify by 

signature and date after each 

responsible person has completed the 

training and keep the certification at the 

mine for 1 year. 

* * * * * 

[FR Doc. 07–4317 Filed 9–4–07; 12:30 pm] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 49 

RIN 1219–AB56 

Mine Rescue Team Equipment 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Proposed rule; notice of public 

hearings; close of comment period. 

SUMMARY: This proposed rule would 

amend MSHA’s existing standard 

addressing mine rescue team equipment 

at mine rescue stations serving 

underground coal and metal and 

nonmetal mines. MSHA proposes to 

amend the existing standard to reflect 

advances in mine rescue team 

equipment technology. The proposed 

amendments would increase safety and 

improve effectiveness of mine rescue 

teams. 

DATES: All comments must be sent on or 

before November 9, 2007. MSHA will 

hold four public hearings on October 23, 

October 25, October 30, and November 

1, 2007. Details about the public 

hearings are in the SUPPLEMENTARY

INFORMATION section of this document. 

ADDRESSES: Comments must be clearly 

identified with ‘‘RIN 1219–AB56’’ and 

may be sent to MSHA by any of the 

following methods: 

(1) Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

(2) Electronic mail: zzMSHAcomments@dol.gov. Include ‘‘RIN 1219–

AB56’’ in the subject line of the 

message. 

(3) Facsimile: 202–693–9441. Include 

‘‘RIN 1219–AB56’’ in the subject line of 

the message. 

(4) Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939. 

(5) Hand Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia. Stop at 

the 21st floor to sign in at the 

receptionist’s desk and wait for an 

escort. 

Information Collection Requirements: 

This proposed rule would not require 

any additional paperwork or 

information collection. 

Docket: Comments can be accessed 

electronically at http://www.msha.gov 

under the Rules and Regs link. MSHA 

will post all comments on the Internet 

without change, including any personal 

information provided. Comments may 

also be reviewed at the Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia. Stop at the 21st 

floor to sign in at the receptionist’s desk 

and wait for an escort. 

Mailing List: MSHA maintains a list 

that enables subscribers to receive email notification when rulemaking 

documents are published in the Federal 

Register. To subscribe, go to http:// 

www.msha.gov under the Mailing List 

link. 

FOR FURTHER INFORMATION CONTACT: 

Patricia W. Silvey, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, at silvey.patricia@dol.gov 

(internet e-mail), 202–693–9440 (voice), 

or 202–693–9441 (facsimile). 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The existing standards for mine 

rescue teams contained in 30 CFR part 

49 apply to all underground mines. Part 

49 contains requirements addressing 

three essential elements of effective 

mine rescue teams: (1) Ready 

availability; (2) proper equipment at 

mine rescue stations; and (3) basic 

levels of skills and training. This 

proposed rule would revise and update 

MSHA’s existing standard in 30 CFR 

part 49 for mine rescue team equipment. 

It is critical that mine rescue team 

members be provided with the latest in 

protective equipment so they can safely 

and effectively carry out their mission. 

Public Hearings 

MSHA will hold four public hearings 

concerning the proposed rule. The 

hearings will begin at 2 p.m. and will be 

held as follows: 

Date Location Contact 

October 23, 2007, 2 p.m. to 6 p.m. ........... Little America Hotel, 500 South Main Street, Salt Lake City, UT 84101 .................. 801–596–5700 

October 25, 2007, 2 p.m. to 6 p.m. ........... Four Points by Sheraton Lexington, 1938 Stanton Way, Lexington, KY 40511 ....... 859–259–1311 

October 30, 2007, 2 p.m. to 6 p.m. ........... Charleston Civic Center, West Virginia Room 105, 200 Civic Center Drive, 

Charleston, WV 25301.

304–345–1500 

November 1, 2007, 2 p.m. to 6 p.m. ......... Sheraton Birmingham Hotel, 2101 Richard Arrington Boulevard, North, Birmingham, AL 35203.205–324–5000 

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