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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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules 51339 

MSHA has scheduled these hearings 

so that interested parties can also attend 

the public hearings on the Agency’s 

mine rescue team proposed rule for 

underground coal mines, which will be 

held in the morning on the same dates 

and in the same locations. 

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 at http://www.msha.gov, and 

include them in the rulemaking record. 

II. Statutory and Rulemaking 

Background 

Historically, most coal and metal and 

nonmetal (M/NM) mine disasters have 

occurred as the result of underground 

fires or explosions. Mine rescue teams 

often place themselves in danger to save 

miners injured or trapped underground 

as the result of these events. As teams 

explore the affected mine, they may 

encounter fires, ground falls, 

explosions, and inadequate or no 

ventilation. During rescue and recovery 

activities, team members may have to 

re-establish ventilation controls, install 

or repair ground support, or extinguish 

fires to rescue trapped or injured 

miners. Mine rescue team members 

must be well trained and provided with 

technologically up-to-date equipment so 

they can safely and effectively perform 

mine rescue and recovery activities. 

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 at underground coal and 

M/NM mines (45 FR 47002; July 11, 

1980). This proposed rule would update 

the mine rescue team equipment 

standard for M/NM and coal mine 

rescue teams. These proposed changes 

would increase safety and improve the 

effectiveness of mine rescue teams in 

responding to mine emergencies. 

III. Background 

Past disasters in underground M/NM 

and coal mines have occurred primarily 

due to fires or explosions, which caused 

mine rescue teams or trapped miners to 

encounter high concentrations of toxic 

gases or oxygen-deficient atmospheres, 

among other hazards. Typically, these 

emergencies cause methane and carbon 

monoxide concentrations to become 

elevated and oxygen levels to be 

depleted. 

A. Hazardous Gaseous Conditions in 

Underground Mines 

1. Methane 

Methane is a colorless and odorless 

gas. Methane mixtures measuring 

between 5 percent and 15 percent in air 

are explosive. A flammable mixture of 

methane and air can be ignited by 

electric arcs and sparks, open flames, or 

friction between the cutting bits of 

mining equipment and rock. Methane 

gas can produce suffocation by reducing 

the concentration of oxygen in the 

atmosphere. Methane gas can be found 

in certain M/NM mines that extract and 

process trona, salt, or petroleum, and in 

underground coal mines. 

Underground M/NM mines classified 

in accordance with § 57.22003 as I–A, 

II–A, III, and V–A are capable of 

producing methane gas in explosive 

concentrations and are commonly 

referred to as ‘‘gassy’’ mines. 

Underground M/NM mines classified 

under § 57.22003 as I–B, I–C, II–B, IV, 

V–B, and VI are commonly referred to 

as ‘‘non-gassy’’ mines. 

Currently, eight underground M/NM 

mines, classified under § 57.22003 as II–

A, III, and V–A, are ‘‘gassy’’ mines. 

There are no active underground M/NM 

mines currently classified as I–A. 

Existing regulations in 30 CFR part 57 

subpart T for these four categories of M/ 

NM ‘‘gassy’’ mines require underground 

equipment to be approved, 

examinations for methane to be 

conducted at specified intervals, and the 

use of MSHA-approved monitoring or 

remote sensing devices. 

Generally, underground coal mines 

produce high concentrations of 

methane. Existing regulations in 30 CFR 

part 75 for underground coal mines 

require underground equipment to be 

approved, examinations for methane to 

be conducted at specified intervals, and 

the use of MSHA-approved monitoring 

or remote sensing devices. 

2. Carbon Monoxide 

Carbon monoxide is a toxic, colorless, 

and odorless gas. Fires and explosions 

typically produce high concentrations of 

carbon monoxide. Exposure to moderate 

concentrations of carbon monoxide can 

result in angina, impaired vision, 

reduced brain function, disorientation, 

severe headaches, dizziness, or 

faintness. Exposure to high 

concentrations of carbon monoxide can 

be fatal. Effects of carbon monoxide 

exposure vary greatly from person to 

person depending on age and overall 

health, as well as the gas concentration 

and length of exposure. Existing M/NM 

and coal standards require that personal 

exposures to carbon monoxide not 

exceed a time-weighted average of 50 

parts per million (ppm) over an 8-hour 

workday. 

3. Oxygen Deficiency 

Oxygen deficient atmospheres can be 

fatal, depending on the concentration. 

Oxygen depletion requires two factors to 

produce a hazardous condition—

oxidation to consume oxygen from the 

surrounding air, such as occurs during 

a fire or explosion, and an inadequate 

supply of incoming fresh air to replace 

oxygen that has been consumed. Oxygen 

deficiency can also occur when it is 

displaced by another gas, such as 

methane. Noticeable symptoms, such as 

faster and deeper breathing, dizziness, 

rapid heart beat, and headache occur 

when air contains about 15 percent 

oxygen or less. Unconsciousness and 

death may occur when less than 11 

percent oxygen is present. Existing 

MSHA standards require that at least 

19.5 percent oxygen by volume be 

maintained in all underground work 

and travel areas. 

B. Single and Multi-Gas Detectors 

Some single and multi-gas detectors 

currently in mine rescue stations 

serving underground coal and M/NM 

mines cannot measure methane 

concentrations above 5 percent of 

volume, its lower explosive limit (LEL), 

or fail when exposed to methane 

concentrations exceeding the LEL. Other 

detectors cannot measure high 

concentrations of carbon monoxide. A 

gas detector that does not or cannot 

function in the high toxic gas 

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concentrations that are typically found 

in underground M/NM or coal mines 

after an explosion or fire would leave a 

mine rescue team without a means to 

measure gas concentrations and make 

informed decisions while working in a 

hazardous environment. 

Recent accidents in underground coal 

mines highlight the need for mine 

rescue teams to be equipped with gas 

detectors capable of measuring elevated 

concentrations of hazardous gases, 

particularly methane and carbon 

monoxide, during rescue and recovery 

activities. For example, elevated 

concentrations of methane, which 

exceeded the LEL of methane, were 

found after explosions at the Willow 

Creek mine in June 2000 and the Jim 

Walters No. 5 mine in September 2001. 

Fifteen miners died as the result of 

those accidents. In addition, high 

concentrations of carbon monoxide 

exceeding the measurement capability 

of ‘‘low range’’ detectors were found 

during initial exploration activities by 

mine rescue teams at the Aracoma Alma 

No. 1 fire in January 2006, which 

resulted in the death of two miners. 

These high concentrations of carbon 

monoxide are also likely during and 

following uncontrolled fires at M/NM 

mines. 

Multi-gas detectors are instruments 

that contain from two to four sensor 

heads. Depending on the type and 

model selected, different sensors can be 

chosen to measure specific gases and 

concentration ranges, based on specific 

mining conditions. Single-gas and 

multi-gas detectors are readily available 

to measure methane concentrations to 

100 percent of volume, oxygen to at 

least 20 percent of volume, and carbon 

monoxide to at least 10,000 ppm. 

MSHA approves gas detectors as 

intrinsically safe for use in underground 

coal and ‘‘gassy’’ M/NM mines. MSHAapproved, handheld, single and multigas detectors are currently available 

from a variety of manufacturers. 

IV. Section-by-Section Analysis 

MSHA’s existing standards require 

mine rescue stations for underground 

mines to stock enough equipment for 

two mine rescue teams and supplies to 

maintain this equipment. This mine 

rescue team equipment proposed rule 

would—

• Upgrade requirements for selfcontained breathing apparatus (SCBA) 

at coal and M/NM mine rescue stations; 

• Increase the required number of 

oxygen bottles; 

• Increase the amount of liquid air, 

liquid oxygen, pressurized oxygen, or 

oxygen generating chemicals, and 

carbon dioxide absorbent chemicals to 

maintain SCBAs for a longer period of 

time; 

• Require mine rescue stations to be 

equipped with four gas detectors 

appropriate for each gas which may be 

encountered at the mines served and 

measure specified gases at specified 

concentrations; 

• Delete requirements for certain 

equipment due to advances in gas 

detector technology; 

• Make non-substantive amendments 

to clarify existing standards; and 

• Make organizational changes to 

provide separate standards for M/NM 

mines and coal mines. 

MSHA requests comment on whether 

an oxygen resuscitator should be 

provided at the mine rescue station for 

use by the mine rescue team. In the past, 

mine rescue teams have relied on SCSRs 

or SCBAs to revive or help survivors 

breathe during rescue operations 

following mine fires or explosions. Use 

of SCSRs as resuscitators requires the 

patient to breathe into the SCSR. This 

process has been shown to be inefficient 

and may require multiple SCSRs. The 

other alternative currently available to 

mine rescue teams is to use a spare mine 

rescue SCBA, which weighs over 30 

pounds. Lightweight oxygen 

resuscitators, weighing about 6 pounds 

with the oxygen bottle, are now 

available through at least one 

manufacturer. 

MSHA requests comment on all of the 

equipment changes in this proposed 

rule. 

A. Section 49.6 Equipment and 

Maintenance Requirements for Metal 

and Nonmetal Mine Rescue Stations 

1. Section 49.6(a)(1) 

MSHA is proposing to amend existing 

§ 49.6(a)(1) to require mine rescue 

stations to be equipped with 4-hour selfcontained breathing apparatus (SCBA), 

rather than 2-hour SCBAs. MSHA 

would also change the phrase ‘‘selfcontained oxygen breathing apparatus’’

to ‘‘self-contained breathing apparatus,’’

so the revised language would be 

consistent with terminology currently 

used in the mining industry. 

Existing § 49.6(a)(1) requires that 

mine rescue stations be provided with 

12 self-contained oxygen breathing 

apparatus (SCBA), each with a 

minimum 2-hour capacity, and 

associated testing equipment. The 

existing standard also requires that the 

apparatus be approved by MSHA and 

the National Institute for Occupational 

Safety and Health (NIOSH) under 42 

CFR part 84 subpart H. Approved 1- and 

2-hour SCBAs were used for mine 

rescue activities in 1980 when MSHA 

promulgated the mine rescue standards 

in 30 CFR part 49. 

MSHA recently conducted a survey of 

SCBAs located at M/NM mine rescue 

stations. The Agency determined that all 

stations are already equipped with 

MSHA and NIOSH approved 4-hour 

SCBAs. There are currently no 2-hour 

SCBAs manufactured for mine rescue 

applications, which use oxygen, and 

which are approved by MSHA and 

NIOSH under 42 CFR part 84 subpart H. 

MSHA concludes, therefore, that there 

would be no cost associated with this 

provision. 

This revision updates the rule to 

reflect current industry practice. Mine 

rescue teams equipped with 4-hour 

SCBAs can spend double the amount of 

time underground engaged in rescue 

and recovery activities. The higher 

capacity SCBAs raise team effectiveness 

and assist in locating injured or trapped 

miners more quickly, detecting and 

extinguishing mine or equipment fires, 

finding and repairing ventilation 

impairments or stoppages, and 

determining the location and extent of 

hazardous mine damage, such as roof 

falls. The 4-hour SCBAs allow fewer 

team rotations so team members get 

more rest before they have to reenter a 

mine to continue rescue or recovery 

activities. 

2. Section 49.6(a)(2) 

MSHA is proposing to amend existing 

§ 49.6(a)(2) to require that supplies of 

liquid air, liquid oxygen, pressurized 

oxygen, or oxygen generating chemicals, 

and carbon dioxide absorbent chemicals 

be maintained at M/NM mine rescue 

stations sufficient to sustain each team 

for 8 hours during rescue operations. 

Existing § 49.6(a)(2) requires mine 

rescue stations to be provided with 

sufficient supplies to sustain each team 

for 6 hours during rescue operations. 

MSHA believes that these supplies 

should be increased from 6 hours to 8 

hours. The 2-hour increase in supplies 

would assure that mine rescue stations 

would be equipped with sufficient 

reserves of critical SCBA components 

for two complete replenishments of 

discharged SCBAs. An additional 2- 

hour supply would increase the safety 

and effectiveness of the mine rescue 

team and would be consistent with the 

requirement for 4-hour SCBAs. 

Because the industry practice is to 

stock these supplies in bulk, MSHA 

estimates that there are no costs 

associated with this requirement. MSHA 

requests comment on this estimate. 

3. Section 49.6(a)(3) 

MSHA is proposing to amend existing 

§ 49.6(a)(3) to require M/NM mine 

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rescue stations to be equipped with two 

extra, fully-charged oxygen bottles for 

every six SCBA at the station. The 

existing standard requires one extra, 

fully-charged oxygen bottle for every six 

SCBAs. 

MSHA believes that two extra oxygen 

bottles for every six SCBAs would 

assure an adequate reserve of a critical 

component for mine rescue teams 

during time-sensitive rescue or recovery 

operations. An additional reserve 

supply of oxygen would also enhance 

the team’s safety during an emergency. 

4. Section 49.6(a)(4) and (a)(5) 

The proposed rule would make no 

changes to existing § 49.6(a)(4) and 

(a)(5) for M/NM mines. 

5. Section 49.6(a)(6) 

MSHA is proposing to amend existing 

§ 49.6(a)(6) to require mine rescue 

stations serving underground M/NM 

mines to have four gas detectors 

appropriate for each gas which may be 

encountered at the mines served. For 

methane, carbon monoxide, and oxygen 

deficiency, the proposal would require 

that the gas detectors must be able to 

measure methane concentrations from 0 

percent to 100 percent of volume, 

oxygen from 0 percent to at least 20 

percent of volume, and carbon 

monoxide from 0 ppm to at least 10,000 

ppm. 

Existing § 49.6(a)(6) requires mine 

rescue stations to be provided with two 

gas detectors appropriate for each gas 

which may be encountered at the mines 

served. The existing rule does not 

specify the type of detector or gases to 

be detected, leaving this decision to the 

discretion of mine operators, based on 

specific conditions that might be 

encountered in an emergency. The 

existing rule also does not require 

selected detectors to measure a specific 

concentration of any gas. On more than 

one occasion, not having the equipment 

to measure high concentrations of one 

or more critical gases has hindered the 

collection of vital information. Mine 

rescue team members have had to delay 

entering the mine until equipment was 

located to measure the gases’

concentrations and the team was able to 

evaluate the danger. 

It has been MSHA’s experience that 

the number of gas detectors used in an 

underground emergency can vary 

depending on the needs of the 

individual mine rescue teams and 

conditions present at the mine. Mine 

rescue stations are typically equipped 

with two gas detectors for each gas that 

may be encountered at the mines 

served. Team safety and effectiveness 

would be better assured, however, if 

mine rescue stations were equipped 

with four gas detectors, two per mine 

rescue team, for each gas that may be 

encountered at the mines served so each 

team would be equipped with a backup 

device. Re-charging gas detectors and 

checking their calibration between 

rotations can delay rescue or recovery 

activities. 

Mine rescue teams serving M/NM 

mines generally would need gas 

detectors capable of measuring oxygen 

and carbon monoxide. A handheld, 

multi-gas detector would enable mine 

rescue teams to accurately and 

simultaneously measure the 

concentrations of relevant mine gases, 

such as carbon monoxide, methane, and 

oxygen, which would increase trapped 

miners’’ chance of survival in timesensitive emergency situations. Realtime information regarding hazardous 

gas concentrations allows affected team 

members to make better informed and 

more timely decisions regarding when 

to don protective equipment, and enter 

or exit a mine. 

6. Section 49.6(a)(7) 

Existing section 49.6(a)(7) requires M/ 

NM mine rescue stations to be provided 

with two oxygen indicators or flame 

safety lamps. In September 1998, MSHA 

deleted its approval regulations for 

flame safety lamps. MSHA had not 

received a new approval application for 

a flame safety lamp for 40 years prior to 

that time. Advances in technology have 

resulted in oxygen and methane 

detectors that are more accurate and 

reliable than flame safety lamps or 

oxygen indicators. As a result, methane 

and oxygen gas detectors have replaced 

flame safety lamps and oxygen 

indicators as the preferred instruments 

for detecting these gases in mines. 

Further, gas detectors can measure over 

a wider concentration range and more 

accurately than flame safety lamps and 

oxygen indicators. This proposal would 

remove and reserve existing § 49.6(a)(7) 

because the equipment required by this 

provision has been replaced by 

technologically advanced devices. 

While flame safety lamps or other 

suitable devices can be used to satisfy 

the requirements of § 57.8527 in all 

underground M/NM mines, existing 

§ 57.22227 does not permit flame safety 

lamps to be used as the primary device 

to test for methane in gassy M/NM 

mines. 

7. Section 49.6(a)(8) 

MSHA is proposing organizational 

changes to existing § 49.6(a)(8), which 

requires that mine rescue team 

equipment include a communication 

system. The proposed rule would renumber the existing provisions, but 

would make no changes to the 

substantive requirements. 

8. Section 49.6(a)(9) 

The proposed rule would make no 

changes to existing § 49.6(a)(9) for M/ 

NM mines. 

9. Section 49.6(b) 

MSHA is proposing organizational 

changes to existing § 49.6(b), which 

requires that mine rescue team 

equipment be maintained in a manner 

that will ensure readiness for immediate 

use. The proposed rule would renumber the existing provisions, but 

would make no changes to the 

substantive requirements. 

B. Section 49.16 Equipment and 

Maintenance Requirements for Coal 

Mine Rescue Stations 

MSHA is proposing to add § 49.16 for 

underground coal mine rescue team 

equipment and maintenance 

requirements. The provisions are based 

on existing § 49.6. 

1. Section 49.16(a) 

Proposed § 49.16(a), which is derived 

from existing § 49.6(a), would require 

each mine rescue station to be provided 

with certain equipment. It would also 

allow mine rescue stations serving 

certain underground anthracite coal 

mines to have the type and amount of 

equipment that would be appropriate 

for the number of their mine rescue 

team members. This option allows mine 

rescue stations associated with mine 

rescue teams having a reduced number 

of members to maintain fewer SCBAs, 

cap lamps, and chargers than required 

under §§ 49.16(a)(1) and (a)(5) for other 

coal mine rescue stations. 

As a result of petitions for 

modification granted under section 

101(c) of the Mine Act, mine rescue 

teams for underground anthracite coal 

mines, having no electrical equipment 

at the face or working section, are 

composed of three members with one 

alternate to serve both teams. Given 

these smaller teams, anthracite 

operators submitted petitions for 

modification requesting that their mine 

rescue stations be allowed to maintain 

eight SCBAs, eight cap lamps, and a 

charging station, rather than 12 of each 

as required by existing §§ 49.6(a)(1) and 

(a)(5). Because of the existing petitions 

for modification, MSHA concludes that 

there would be no cost savings 

associated with this provision. 

MSHA investigated each petition and 

made the following finding: 

MSHA’s investigation found that reducing 

the quantity of equipment required to be 

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51342 Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Proposed Rules 

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 those investigations, 

MSHA granted these petitions for 

modification of §§ 49.6(a)(1) and (a)(5). 

Currently, 11 underground anthracite 

coal mines operate under this approved 

alternative method. The reduced 

number of SCBAs and cap lamps would 

provide sufficient equipment for teams 

serving these anthracite coal mines. 

2. Section 49.16(a)(1) 

Proposed § 49.16(a)(1), which is 

derived from existing § 49.6(a)(1), would 

require that mine rescue stations serving 

underground coal mines be equipped 

with 12 SCBAs, each with a minimum 

4-hour capacity, and associated testing 

equipment. The proposed standard 

would require that the apparatus be 

approved by MSHA and NIOSH under 

42 CFR part 84 subpart H. MSHA would 

also change the phrase ‘‘self-contained 

oxygen breathing apparatus’’ to ‘‘selfcontained breathing apparatus,’’ so the 

revised language would be consistent 

with terminology currently used in the 

mining industry. 

MSHA recently conducted a survey of 

SCBAs at coal mine rescue stations. The 

Agency determined that all rescue 

stations are already equipped with 

MSHA and NIOSH approved 4-hour 

SCBAs. There are currently no 2-hour 

SCBAs manufactured for mine rescue 

applications, which use oxygen, and 

which are approved by MSHA and 

NIOSH under 42 CFR part 84 subpart H. 

MSHA concludes, therefore, that there 

would be no cost associated with this 

provision. 

This revision updates the rule to 

reflect current industry practice. Mine 

rescue teams equipped with 4-hour 

SCBAs can spend double the amount of 

time underground engaged in rescue 

and recovery activities. The higher 

capacity SCBAs raise team effectiveness 

and assist in locating injured or trapped 

miners more quickly, detecting and 

extinguishing mine or equipment fires, 

finding and repairing ventilation 

impairments or stoppages, and 

determining the location and extent of 

hazardous mine damage, such as roof 

falls or collapsed seals. The 4-hour 

SCBAs allow fewer team rotations so 

team members get more rest before they 

have to reenter a mine to continue 

rescue or recovery activities. 

3. Section 49.16(a)(2) 

Proposed § 49.16(a)(2), which is 

derived from existing § 49.6(a)(2), would 

require coal mine rescue stations to 

maintain supplies of liquid air, liquid 

oxygen, pressurized oxygen, or oxygen 

generating chemicals, and carbon 

dioxide absorbent chemicals at coal 

mine rescue stations sufficient to 

sustain each team for 8-hours during 

rescue operations. Existing § 49.6(a)(2) 

requires mine rescue stations to be 

provided with sufficient supplies to 

sustain each team for 6 hours during 

rescue operations. 

MSHA believes that these supplies 

should be increased from 6 hours to 8 

hours because rescue and recovery 

operations are time sensitive. The 2- 

hour increase in supplies would assure 

that mine rescue stations would be 

equipped with sufficient reserves of 

critical SCBA components for two 

complete replenishments of discharged 

SCBAs. An additional 2-hour supply 

would increase the safety and 

effectiveness of the mine rescue team 

and would be consistent with the 

requirement for 4-hour SCBAs. 

Because the industry practice is to 

stock these supplies in bulk, MSHA 

estimates that there are no costs 

associated with this requirement. MSHA 

requests comment on this estimate. 

4. Section 49.16(a)(3) 

Proposed § 49.16(a)(3), which is 

derived from existing § 49.6(a)(3), would 

require coal mine rescue stations to be 

equipped with two extra, fully-charged, 

oxygen bottles for every six SCBA at the 

station. The existing standard requires 

one extra, fully-charged, oxygen bottle 

for every six SCBAs. 

MSHA believes that two extra oxygen 

bottles for every six SCBAs would 

assure an adequate reserve of a critical 

component for mine rescue teams 

during time-sensitive rescue or recovery 

operations. An additional reserve 

supply of oxygen would also enhance 

team safety in these critical emergency 

situations. The costs associated with 

this provision are discussed later in the 

Preliminary Regulatory Economic 

Analysis section of this preamble. 

5. Section 49.16(a)(4) 

Proposed § 49.16(a)(4), which is 

derived from existing § 49.6(a)(4), would 

make no change from the existing 

standard. 

6. Section 49.16(a)(5) 

Proposed § 49.16(a)(5), which is 

derived from existing § 49.6(a)(5), would 

make no change from the existing 

standard. 

7. Section 49.16(a)(6) 

Proposed § 49.16(a)(6), which is 

derived from existing § 49.6(a)(6), would 

require mine rescue stations serving 

underground coal mines to be equipped 

with four gas detectors appropriate for 

each gas which may be encountered at 

the mines served. For methane, carbon 

monoxide, and oxygen deficiency, the 

proposal would specify that the gas 

detectors must be able to measure 

methane concentrations from 0 percent 

to 100 percent of volume, oxygen from 

0 percent to at least 20 percent of 

volume, and carbon monoxide from 0 

ppm to at least 10,000 ppm. 

Existing § 49.6(a)(6) requires mine 

rescue stations to be provided with two 

gas detectors appropriate for each gas 

which may be encountered at the mines 

served. The existing rule does not 

specify the type of detector or gases to 

be detected, leaving this decision to the 

discretion of mine operators. The 

existing rule also does not require 

selected detectors to measure a specific 

concentration of any gas. On more than 

one occasion, not having the equipment 

to measure high concentrations of one 

or more critical gases has hindered the 

collection of vital information. Mine 

rescue team members have had to delay 

entering the mine until equipment was 

located to measure the gases’

concentrations and the team was able to 

evaluate the danger. 

It has been MSHA’s experience that 

the number of gas detectors used in an 

underground emergency can vary 

depending on the needs of the 

individual mine rescue teams and 

conditions present at the mine. Mine 

rescue stations are typically equipped 

with two gas detectors. Based on 

MSHA’s experience, elevated 

concentrations of hazardous gases such 

as high concentrations of methane and 

carbon monoxide are generally found in 

underground coal mines, especially 

following a fire or explosion. Team 

safety and efficiency would be better 

assured, however, if mine rescue 

stations were equipped with four gas 

detectors, two per mine rescue team, for 

each gas that may be encountered at the 

mines served so each team would be 

equipped with a backup device. Recharging gas detectors and checking 

their calibration between rotations can 

delay rescue or recovery activities. 

Mine rescue teams serving coal mines 

generally would need gas detectors 

capable of measuring oxygen, methane, 

and carbon monoxide. Multi-gas 

detectors, which are capable of 

measuring higher concentrations of 

methane and carbon monoxide, and 

lower concentrations of oxygen, would 

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provide greater protection to rescue 

team members. 

An approved, handheld, multi-gas 

detector would enable mine rescue 

teams to accurately and simultaneously 

measure the relevant concentrations of 

critical mine gases, such as carbon 

monoxide, methane, and oxygen, which 

would increase their chance of survival 

in time-sensitive emergency situations. 

Up-to-date information regarding 

hazardous gas concentrations allows 

affected team members to make better 

informed and more timely decisions 

regarding when to don protective 

equipment, and enter or exit a mine. 

Costs associated with this requirement 

are discussed later in the Preliminary 

Economic Analysis section of this 

preamble. 

8. Section 49.16(a)(7) 

The proposed rule would reserve 

§ 49.16(a)(7) because the proposed rule 

would remove the existing provision. 

9. Section 49.16(a)(8) 

Proposed § 49.16(a)(8), which is 

derived from existing § 49.6(a)(8), would 

require that mine rescue team 

equipment include a communication 

system. The proposed rule would renumber the existing provisions, but 

would make no substantive changes to 

the existing requirements. 

10. Section 49.16(a)(9) 

Proposed § 49.16(a)(9), which is 

derived from existing § 49.6(a)(9), would 

make no change to the existing 

standard. 

11. Section 49.16(b) 

Proposed § 49.16(b), which is derived 

from existing § 49.6(b), would require 

that mine rescue team equipment be 

maintained in a manner that will ensure 

readiness for immediate use. The 

proposed rule would re-number the 

existing provisions, but would make no 

changes to the substantive requirements. 

V. Preliminary Regulatory Economic 

Analysis 

A. Executive Order 12866 

Executive Order (E.O.) 12866 (58 FR 

51735) as amended by E.O. 13258 

(Amending Executive Order 12866 on 

Regulatory Planning and Review (67 FR 

9385)) requires that regulatory agencies 

assess both the costs and benefits of 

regulations. E.O. 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. 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 E.O. 12866 because it 

raises novel legal or policy issues. 

B. Population-at-Risk 

The proposed rule would apply to 653 

underground coal mines and 240 

underground M/NM mines, using 2006 

data. It would cover 42,597 coal miners, 

14,323 M/NM miners, and 13,940 coal 

and M/NM (non-office) contractors 

working in these mines. 

C. Compliance Costs 

MSHA estimates that the total yearly 

cost of the proposed rule would be 

$426,464. Of that total, an estimated 

$57,630 would be attributable to State 

and local governments that maintain 

mine rescue stations. The remaining 

$368,834 would be attributable to mine 

operators as follows: $237,437 for coal 

operator-owned mine rescue stations 

and $131,397 for M/NM operator-owned 

mine rescue stations. The derivation of 

these cost estimates is described below. 

Proposed § 49.16(a) would allow mine 

rescue stations serving certain 

underground anthracite coal mines to 

have the type and amount of equipment 

that would be appropriate for the 

number of their mine rescue team 

members. This option allows mine 

rescue stations associated with mine 

rescue teams having a reduced number 

of members to maintain fewer SCBAs, 

cap lamps, and chargers than required 

under §§ 49.16(a)(1) and (a)(5) for other 

coal mine rescue stations. Because 

existing petitions for modification 

include this reduced equipment, MSHA 

estimates that there would be no cost 

savings associated with this provision. 

Proposed §§ 49.6(a)(1) and 49.16(a)(1) 

would require that mine rescue stations 

serving underground M/NM and coal 

mines, respectively, be equipped with 

12 SCBAs, each with a minimum 4-hour 

capacity, and associated testing 

equipment. Because MSHA has 

determined that all mine rescue stations 

serving M/NM and coal mines are 

already equipped with MSHA and 

NIOSH approved 4-hour SCBAs, the 

Agency estimates that there would be no 

cost associated with this requirement. 

Proposed §§ 49.6(a)(2) and 49.16(a)(2) 

would require mine rescue stations 

serving either underground coal or 

underground M/NM mines to increase 

their supply of liquid air, liquid oxygen, 

pressurized oxygen, or oxygen 

generating chemicals, and carbon 

dioxide absorbent chemicals from 6 

hours to 8 hours. Because the industry 

practice is to stock these supplies in 

bulk, MSHA estimates that there are no 

costs associated with these 

requirements. MSHA requests 

comments on this estimate. 

Proposed §§ 49.6(a)(3) and 49.16(a)(3) 

would require that two additional fullycharged oxygen cylinders be provided 

for every six self-contained breathing 

apparatus. To meet these requirements, 

each mine rescue station would have to 

purchase two oxygen cylinders. MSHA 

estimates that the cost for two oxygen 

cylinders is $3,225 and that their 

service-life is 15 years. 

Proposed §§ 49.6(a)(6) and 49.16(a)(6) 

would require all mine rescue stations 

serving underground coal mines or 

underground M/NM mines to be 

equipped with four gas detectors 

appropriate for each type of gas that 

may be encountered at the mines 

served. Gas detectors must measure 

concentrations of methane from 0.0 

percent to 100 percent of volume, 

oxygen from 0.0 percent to at least 20 

percent of volume, and carbon 

monoxide from 0.0 parts per million to 

at least 10,000 parts per million. 

MSHA estimates that mine rescue 

stations would be equipped with multigas detectors, rather than multiple 

single-gas detectors; that the cost for 

four multi-gas detectors is 

approximately $8,000; and that their 

service life is 5 years. MSHA requests 

comment on the Agency’s cost 

estimates. MSHA is particularly 

interested in comment on its 

assumption that all mine rescue 

stations, including those serving nongassy M/NM mines, would need to be 

equipped with multi-gas detectors 

rather than single gas detectors. 

MSHA is proposing to delete 

paragraphs §§ 49.6(a)(7) and 49.16(a)(7), 

requiring mine rescue stations to be 

equipped with either two oxygen 

indicators or two flame safety lamps. 

MSHA believes that most mine rescue 

stations have already replaced flame 

safety lamps and oxygen indicators with 

new, more accurate, technologically 

advanced devices. For this reason, 

MSHA has associated no economic 

impact with the removal of these 

paragraphs. 

Table I summarizes the total yearly 

cost of this proposed rule. 

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D. Benefits 

The purpose of this proposed rule is 

to improve and enhance the equipment 

for mine rescue teams who must 

respond to an emergency at an 

underground 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. Mine 

rescue team members often put 

themselves in danger to save miners 

injured or trapped underground as the 

result of these events. To help them to 

conduct mine rescue and recovery 

activities safely and effectively, they 

must be provided with up-to-date mine 

rescue equipment. In an emergency, a 

properly equipped mine rescue team 

could mean the difference between life 

and death. 

VI. Feasibility 

MSHA has concluded that the 

requirements of the proposed rule are 

technologically and economically 

feasible. 

A. Technological Feasibility 

The proposed rule is technologically 

feasible because all mine rescue team 

equipment required in this proposal is 

commercially available and in use in 

many mines. In addition, the proposed 

rule is not technology-forcing and does 

not involve activities on the frontiers of 

scientific knowledge. 

B. Economic Feasibility 

The total cost of the proposed rule is 

approximately $237 thousand annually 

for underground coal mine operators 

and $131 thousand annually for 

underground M/NM operators. These 

compliance costs are well under one 

percent of the annual revenues of $13.1 

billion for underground coal mine 

operators and $5.8 billion for 

underground M/NM operators. MSHA 

concludes that the amount of these costs 

relative to annual operator revenues 

supports its finding that the proposed 

rule is economically feasible. 


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

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

28, October 2006. 

VII. 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 has 

analyzed the impact of the proposed 

rule on small businesses. Further, 

MSHA has made a determination with 

respect to whether or not the Agency 

can certify that the proposed rule would 

not have a significant economic impact 

on a substantial number of small entities 

that are covered by this rulemaking. 

Under the SBREFA amendments to the 

RFA, MSHA must include in the rule a 

factual basis for this certification. If a 

rule has a significant economic impact 

on a substantial number of small 

entities, MSHA must develop a 

regulatory flexibility analysis. 

A. Definition of a Small Mine 

Under the RFA, in analyzing the 

impact of a rule on small entities, 

MSHA must use the Small Business 

Administration (SBA) definition for a 

small entity or, after consultation with 

the SBA Office of Advocacy, establish 

an alternative definition for the mining 

industry by publishing that definition in 

the Federal Register for notice and 

comment. MSHA has not taken such an 

action and, thus, is required to use the 

SBA definition. The SBA defines a 

small entity in the mining industry as 

an establishment with 500 or fewer 

employees. 

MSHA has also looked at the impacts 

of Agency rules on a subset of mines 

with 500 or fewer employees—those 

with fewer than 20 employees, which 

MSHA and the mining community have 

traditionally referred to as ‘‘small 

mines.’’ These small mines differ from 

larger mines not only in the number of 

employees, but also in economies of 

scale in material produced, in the type 

and amount of production equipment, 

and in supply inventory. Therefore, 

their costs of complying with MSHA’s 

rules and the impact of the Agency’s 

rules on them will also tend to be 

different. It is for this reason that small 

mines employing fewer than 20 miners 

are of special concern to MSHA. 

This analysis complies with the legal 

requirements of the RFA for an analysis 

of the impacts on small entities while 

continuing MSHA’s traditional 

definition of small mines. The Agency 

concludes that it can certify that the 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities that 

are covered by this rulemaking. MSHA 

has determined that this is the case both 

for mines affected by this rulemaking 

with fewer than 20 employees and for 

mines affected by this rulemaking with 

500 or fewer employees. 

B. Factual Basis for Certification 

MSHA’s analysis of impacts on small 

entities begins with a screening 

analysis. The screening compares the 

estimated compliance costs of a rule for 

small entities in the sector affected by 

the rule to the estimated revenues for 

the affected sector. When estimated 

compliance costs or savings are less 

than one percent of the estimated 

revenues, the Agency believes it is 

generally appropriate to conclude that 

there is no significant economic impact 

on a substantial number of small 

entities. When estimated compliance 

costs or savings exceed one percent of 

revenues, it tends to indicate that 

further analysis may be warranted. 

MSHA has determined that the 

estimated costs are less than one percent 

of the estimated revenues for small 

entities covered by this proposed rule. 

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 2006 underground coal 

revenue by employment size category 

was approximately $0.3 billion for the 

220 mines with 1–19 total employees 

and $10.1 billion for the 640 mines with 

1–500 total employees. 

For M/NM underground mines 

covered by the rule, the 2006 estimated 

revenue of $5.8 billion was divided by 

the total number of employee hours to 

arrive at the average revenue per hour 

of employee production of $176.63. This 

average hourly revenue was multiplied 

by employee hours in specific mine size 

categories to arrive at estimated 

revenues for these categories. This 

approach was used because MSHA does 

not collect mine-specific data on M/NM 

production or revenues. Using this 

approach, the 2006 revenues were 

estimated to be $0.3 billion for the 105 

underground M/NM mines with 1–19 

employees and $4.4 billion for the 235 

underground M/NM mines with 1–500 

employees. 

When dividing the yearly compliance 

costs by the annual revenues in each 

mine size category, the yearly cost of the 

rule for underground coal mines and 

underground M/NM mines, both with 

1–19 total employees and with 1–500 

total employees, is well less than 0.01 

percent of annual revenues. MSHA 

therefore concludes and certifies 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. 

VIII. Paperwork Reduction Act of 1995 

The mine rescue team equipment 

proposed rule would require 

certification of inspection, testing, and 

any corrective action taken for breathing 

apparatus, as does the existing rule. 

MSHA estimates that any paperwork 

burden due to the proposed 

requirements would be de minimis and, 

therefore, has not included additional 

paperwork burden. 

IX. 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 equipment for mine 

rescue stations. These proposed changes 

would not directly affect States or their 

relationships with the national 

government; however, some mine 

rescue stations are State owned and 

equipped. 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 

This proposed rule would have no 

affect on family well-being or stability, 

marital commitment, parental rights or 

authority, or income or poverty of 

families and children. Accordingly, 

Section 654 of the Treasury and General 

Government Appropriations Act of 1999 

(5 U.S.C. note) requires no further 

Agency action, analysis, or assessment. 

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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, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights, 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, Civil Justice 

Reform. 

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, Protection of 

Children from Environmental Health 

Risks and Safety Risks, as amended by 

E.O. 13229 and 13296, requires no 

further Agency action or analysis. 

F. Executive Order 13132: Federalism 

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 

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 

equipment for mine rescue stations. 

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 

mine rescue stations are State owned 

and equipped. 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, Consultation 

and Coordination with Indian Tribal 

Governments, requires no further 

Agency action or analysis. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule has been reviewed 

for its impact on the supply, 

distribution, and use of energy because 

it applies to the underground coal 

mining sector. Insofar as this proposed 

rule would result in yearly costs of 

approximately $0.24 million to the 

underground coal mining industry, 

relative to annual revenues of $13.1 

billion in 2006, it is not a ‘‘significant 

energy action’’ because it is not ‘‘likely 

to have a significant adverse effect on 

the supply, distribution, or use of 

energy * * * (including a shortfall in 

supply, price increases, and increased 

use of foreign supplies).’’ Accordingly, 

E.O. 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use, 

requires no further Agency action or 

analysis. 

List of Subjects in 30 CFR Part 49 

Coal mines, Emergency equipment 

and maintenance, Emergency response 

services, Metal mines, Mine safety and 

health, Nonmetal mines, Underground 

mining. 

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 I of title 30 

of the Code of Federal Regulations as 

follows: 

PART 49—MINE RESCUE TEAMS 

1. The authority for part 49 continues 

to read as follows: 

Authority: 30 U.S.C. 811, 825(e), 957. 

2. Amend § 49.6 as follows: 

A. Revise the section heading. 

B. In paragraph (a)(1), remove the 

phrase ‘‘2 hours capacity’’ and add in its 

place ‘‘4 hour capacity’’. 

C. In paragraph (a)(1), remove the 

phrase ‘‘self contained oxygen breathing 

apparatus’’ and add in its place ‘‘selfcontained breathing apparatus’’. 

D. In paragraph (a)(2), remove the 

phrase ‘‘oxygen generating or carbon 

dioxide absorbent chemicals, as 

applicable to the supplied breathing 

apparatus and sufficient to sustain each 

team for six hours’’ and add in its place 

the phrase ‘‘or oxygen generating 

chemicals, and carbon dioxide 

absorbent chemicals, as applicable to 

the supplied breathing apparatus and 

sufficient to sustain each team for 8 

hours’’. 

E. Revise paragraph (a)(3). 

F. Revise paragraph (a)(6). 

G. Remove and reserve paragraph 

(a)(7). 

H. Revise paragraph (a)(8). 

I. Revise paragraph (b). 

The revisions read as follows: 

§ 49.6 Equipment and maintenance 

requirements for metal and nonmetal mine 

rescue stations. 

(a) * * * 

(3) Two extra, fully-charged oxygen 

bottles for every six self-contained 

breathing apparatus; 

* * * * * 

(6) Four gas detectors appropriate for 

each type of gas that may be 

encountered at the mines served. Gas 

detectors must measure concentrations 

of methane from 0.0 percent to 100 

percent of volume, oxygen from 0.0 

percent to at least 20 percent of volume, 

and carbon monoxide from 0.0 parts per 

million to at least 10,000 parts per 

million. 

* * * * * 

(8) One portable mine rescue 

communication system (approved under 

part 23 of this title) or a sound-powered 

communication system. 

* * * * * 

(b) Mine rescue apparatus and 

equipment shall be maintained in a 

manner that will ensure readiness for 

immediate use. 

(1) 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. 

(2) 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. 

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(3) The certification and the record of 

corrective action shall be maintained at 

the mine rescue station for a period of 

one year and made available on request 

to an authorized representative of the 

Secretary. 

(i) The wires or cable to the 

communication system shall be of 

sufficient tensile strength to be used as 

a manual communication system. 

(ii) These communication systems 

shall be at least 1,000 feet in length. 

3. Add § 49.16 to read as follows: 

§ 49.16 Equipment and maintenance 

requirements for coal mine rescue stations. 

(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 breathing 

apparatus, each with a minimum of 4 

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, or 

oxygen generating chemicals, and 

carbon dioxide absorbent chemicals, as 

applicable to the supplied breathing 

apparatus and sufficient to sustain each 

team for 8 hours while using the 

breathing apparatus during rescue 

operations. 

(3) Two extra, fully-charged oxygen 

bottles for every six self-contained 

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) Four gas detectors appropriate for 

each type of gas that may be 

encountered at the mines served. Gas 

detectors must measure concentrations 

of methane from 0.0 percent to 100 

percent of volume, oxygen from 0.0 

percent to at least 20 percent of volume, 

and carbon monoxide from 0.0 parts per 

million to at least 10,000 parts per 

million. 

(7) [Reserved]. 

(8) One portable mine rescue 

communication system (approved under 

part 23 of this title) or a sound-powered 

communication system. 

(i) The wires or cable to the 

communication system shall be of 

sufficient tensile strength to be used as 

a manual communication system. 

(ii) These communication systems 

shall be at least 1,000 feet in length. 

(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. 

(1) 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. 

(2) 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. 

(3) 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. 

[FR Doc. 07–4318 Filed 9–4–07; 12:30 pm] 

BILLING CODE 4510–43–P 

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