[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Proposed Rules]
[Pages 50541-50544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25633]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75


Self-Rescue Devices; Use and Location Requirements

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice of a draft policy change; request for comments.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is requesting 
comments on a change to a proposed policy letter (PPL) relating to the 
approval guidelines for storage plans for Self-Contained Self-Rescue 
(SCSR) Devices in underground coal mines. MSHA is publishing this 
notice to voluntarily afford an opportunity for interested persons to 
comment on the PPL before its anticipated issuance and effective date.

DATES: Submit all comments on or before November 25, 1997.

ADDRESSES: Comments may be transmitted by electronic mail, fax or mail. 
Comments by electronic mail must be clearly identified as such and sent 
to this e-mail address: <a href="/cdn-cgi/l/email-protection#aadad9c3c6dccfd3eac7d9c2cb84cdc5dc"><span class="__cf_email__" data-cfemail="9bebe8f2f7edfee2dbf6e8f3fab5fcf4ed">[email protected]</span></a>. Comments by fax must be 
clearly identified as such and sent to: Mine Safety and Health 
Administration, Office of Standards, Regulations and Variances, 703-
235-5551. Send mail comments to: Mine Safety and Health Administration, 
Office of Standards, Regulations and Variances, Room 631, 4015 Wilson 
Boulevard, Arlington, Virginia 22203-1984. Interested persons are 
encouraged to supplement written comments with computer files or disks; 
please contact the Agency with any questions about format.

FOR FURTHER INFORMATION CONTACT: Milton D. Conley, Division of Health, 
Coal Mine Safety and Health, (703) 235-1358.

SUPPLEMENTARY INFORMATION: MSHA updates its policies for 
enforcement of safety and health regulations through Program Policy 
Letters (PPLs). These PPLs are Agency interpretations of what 
existing MSHA regulations require; they are not new regulations. 
Therefore, PPLs do not impose new requirements, but explain or 
clarify how regulations work or apply in a particular situation. 
These PPLs are used by MSHA inspectors, miners, mine operators, and 
mining equipment manufacturers as guidance in determining how best 
to comply with MSHA regulations.

    To increase public participation in selected draft PPLs, MSHA is 
voluntarily requesting comments and suggestions from the public, 
especially from people who would be directly affected by the PPLs. By 
this notice, MSHA is affording an opportunity for public comment on a 
draft PPL that addresses the storage plans for self-contained self-
rescuers in underground coal mines. MSHA will consider all timely 
submitted comments before finalizing the PPL.

I. Background

    MSHA standards at 30 CFR 75.1714 require, in part, that each mine 
operator make available to each miner who enters the mine an approved 
Self-Contained Self-Rescue (SCSR) device which is adequate to protect 
the miner for one hour or longer. Section 75.1714-2 addresses use and 
location requirements for these devices. Under this standard, the 
devices must be worn, carried, or kept within 25 feet of the miners, 
unless a storage plan has been approved by the district manager.
    The present SCSR storage plan policy, as outlined in Volume V of 
MSHA's Program Policy Manual, requires the storage cache of one-hour 
SCSRs to be within 5 minutes travel time of the affected miners on a 
working section. This policy also allows for up to 10 minutes travel 
time to the SCSR storage cache for miners in outby areas. The SCSR 
storage caches are required to contain a number of devices at least 
equal to the number of miners who may be required to use the devices at 
any given time. The travel time and distance to the SCSR storage cache 
is determined by using an Escapeway and Distance Chart.
    In 1977, MSHA proposed, as part of its rulemaking development of 
the SCSR standard, that miners wear, carry or keep the one-hour SCSR 
devices within 25 feet. Those devices (referred to as first generation 
SCSRs) measure approximately 10.5'' x 7.75'' x 3.375'' and weigh about 
8.5 pounds. By way of comparison, these devices are about three times 
the size and weight of the approved filter-type self-rescue devices 
that miners had been required to wear or carry under the previous 
regulations.
    Comments from the mining industry expressed concern that the size 
and weight of the one-hour SCSR devices available at that time made it 
impractical for miners to wear, carry or keep these devices within 25 
feet, and in some cases exposed miners to a hazard. As a result of 
these concerns, the final rule includes provisions for MSHA, upon 
request from a mine operator, to approve storage plans on a mine-by-
mine basis, allowing miners to be more than 25 feet from a one-hour 
SCSR device. See 30 CFR 75.1714-2(e). This provision also requires mine 
operators to submit specific information to justify a storage plan, and 
requires miners who are further than 25 feet from their one-hour SCSRs 
to wear or carry an approved filter-type self-rescuer.
    In an effort to improve SCSR technology, a joint government task 
force was formed in 1984. Its primary charge was to determine if 
feasible technology existed to develop a one-hour SCSR device that was 
smaller and lighter than the first generation devices, and therefore 
could be more readily worn, carried, or kept within 25 feet of miners 
during the course of their work. The task force members included 
representatives from the Bureau of Mines (BOM), the National Institute 
for Occupational Safety and Health (NIOSH), and MSHA. As a part of this 
effort, the task force members worked with representatives from the 
various SCSR manufacturers, mine operators' associations, and the 
United Mine Workers of America (UMWA). This task force work led to the 
development, by the CSE Corporation of the CSE SR-100, a second 
generation one-hour SCSR device measuring approximately 7.75'' x 5.5'' 
x 4.0'' and weighing about 5.7

[[Page 50542]]

pounds. This device is approximately one-third smaller in size and 
weight than the first generation device, is more ergonomically 
designed, and is therefore easier to wear or carry than the first 
generation SCSRs. This device was subjected to extensive in-mine 
testing, and in 1990 received approval by MSHA and NIOSH to be used 
underground as a Person Wearable-Self-Contained Self-Rescuer (PW-SCSR). 
Shortly thereafter, Draeger developed the OXY K Plus, and the Mine 
Safety Appliances Company (MSA) developed the Portal-Pack. These are 
similar devices that were also approved by MSHA and NIOSH as one-hour 
SCSR devices. All three devices, CSE SR-100, Draeger OXY K Plus, and 
MSA Portal-Pack, are approximately the same size and weight, and are 
referred to by MSHA as second generation PW-SCSR devices.
    In May of 1992, the Assistant Secretary for MSHA convened a 
government, labor, and industry task group to study the wearability of 
the second generation devices and the SCSR storage plan guidelines. It 
included representatives from the BOM, NIOSH, MSHA, UMWA, mine 
operators' associations, and SCSR manufacturers. The final task group 
report was released in July, 1994. Wearability survey results from 
miners and inspectors who wore the second generation devices indicated 
the improved wearability of these devices. However, the size and weight 
of the second generation devices in some circumstances could create a 
problem for miners who work in confined spaces such as equipment 
operators and mechanics. The report also stressed the importance of all 
miners wearing, carrying or keeping their SCSRs as close as possible at 
all times. However, where in-mine conditions made this difficult, the 
task group supported MSHA's approval of storage plans as part of the 
overall mine evacuation plan.
    In January, 1995, as part of the MSHA-sponsored Mine Emergency 
Preparedness Seminar, Agency personnel met with representatives from 
SCSR manufacturers, mine operators' associations, and labor 
representatives. The primary purpose of those discussions was to 
identify problems the mining community was continuing to face regarding 
the use of SCSR devices. The participants identified approximately 
twenty problems that generally were classified as follows: (1) Size and 
weight of the second generation devices; (2) restrictiveness of the 25-
foot rule; and (3) approval of storage plans on a mine-by-mine basis 
only.
    MSHA is continuing to work with manufacturers to encourage the 
development of a one-hour SCSR device that would be widely accepted as 
person wearable for all occupations. Comments from the industry 
indicate that this would mean the development of a one-hour SCSR that 
is closer to the size and weight of the approved filter self-rescue 
devices that miners have worn or carried for many years. MSHA 
recognizes that this will be a difficult task to achieve with present 
technology. However, we will continue to work with the manufacturers 
toward that goal. In September 1996, MSA received MSHA/NIOSH approval 
for the Life-Saver 60 SCSR. This indicates that manufacturers are 
willing to continue their efforts to further develop SCSR devices that 
meet the needs of the industry.

II. Draft Policy Objectives

    MSHA is interested in receiving comments on the following draft 
changes to the existing SCSR storage policy. A key objective of these 
changes is to recognize that improvements in SCSR technology and design 
over the past 15 years have produced smaller, lighter, and more 
ergonomically suitable devices. As a result, it is possible for a 
significant number of miners to wear or carry their one-hour SCSRs, 
making the devices more readily accessible and available to miners in 
the event of an emergency. This needs to be reflected in MSHA's policy 
on SCSR storage.
    The draft policy changes are also intended to respond to the 
concerns expressed by miners, mine operators, and manufacturers that: 
(1) The size and weight of the second generation SCSR devices still 
make it difficult for some miners to wear, carry, or keep the devices 
within 25 feet; (2) the 25-foot requirement in the SCSR standard is too 
restrictive in that miners who wear, carry, or keep their SCSRs within 
25 feet may inadvertently leave the one-hour devices when, for example, 
they go to the dinner hole, go for supplies, or help move trailing 
cables; (3) storage plans should be approved on a mine-by-mine basis; 
(4) MSHA should develop uniform national procedures for approving 
storage plans; and (5) the policy should not impede the development and 
use of new technology.

III. Draft Revised Policy

SCSR Storage Location Guidelines

    Mine operators who provide their miners with one-hour SCSRs that 
are worn, carried, or kept within 25 feet of them at all times while 
underground are not required to have a storage plan, and only one SCSR 
for each miner underground is needed.
    Mine operators, who choose to request approval to store the one-
hour SCSRs more than 25 feet from miners, must minimize the travel time 
to the SCSR storage caches and should deploy additional SCSRs, as 
outlined below, to ensure that all miners have ready access to one-hour 
SCSRs in the event of an emergency requiring the use of such devices.
1. Miners Who Work or Travel in Outby Areas of a Mine
    Miners who work or travel in outby areas of a mine should either 
wear or carry their one-hour SCSRs with them at all times. If the mine 
operator, in consultation with the miners, believes it would be 
difficult for certain miners to perform their work while wearing or 
carrying their one-hour devices and wants the one-hour SCSRs to be 
stored for such miners, the mine operator must request that the 
district manager approve a storage plan allowing such miners to be more 
than 25 feet from their one-hour SCSRs. A storage plan for miners who 
work or travel in outby areas of a mine must include a provision 
requiring the affected miners to wear an approved filter type self-
rescuer or, utilizing new SCSR technology, wear an approved SCSR which 
provides less than one-hour of protection. It also should: (1) Specify 
the proposed storage locations for the one-hour SCSRs, which should 
always be within a distance that can be traveled by miners at a normal 
pace within five minutes; and (2) set the number of one-hour SCSRs in 
each of these storage locations to equal or exceed the total number of 
miners who may be relying on the use of these devices at any given 
time. The five minute travel distance should be determined based on 
actual in-mine conditions rather than on the current Escapeway and 
Distance Chart. Before approving any storage locations proposed by the 
mine operator for the one-hour SCSRs, the district manager should 
verify that any proposed cache would always be within a distance that 
can be traveled at a normal pace in five minutes or less from these 
miners.
2. Miners on Continuous or Conventional Mining Sections
    Miners who work on or around equipment, such as continuous miner 
operators, roof bolting machine operators, and shuttle car operators 
and their helpers, should place their one-hour SCSRs in a readily 
accessible location on the equipment if they do not wear or carry them. 
If such miners place their one-hour SCSRs on their

[[Page 50543]]

equipment and take the devices with them when they are going to be 
further than 25 feet from that equipment, a storage plan is not 
required. Mine operators and manufacturers are encouraged to develop 
compartments on the equipment to ensure safe storage for the devices.
    If the mine operator, in consultation with the miners, believes 
that it would be difficult or impractical for such miners to take their 
one-hour SCSRs with them when they may be further than 25 feet from 
their equipment, the mine operator must request that the district 
manager approve a storage plan allowing these equipment operators and 
helpers to be more than 25 feet from their one-hour SCSRs on the 
equipment. A storage plan for these miners must include a provision 
requiring the affected miners to wear an approved filter type self-
rescuer or, utilizing new SCSR technology, wear an approved SCSR which 
provides less than one hour of protection. It also should: (1) 
Establish a designated section storage cache for one-hour SCSRs, in 
addition to the SCSRs on the equipment, which should always be within a 
distance that can be traveled by miners at a normal pace within three 
minutes; and (2) set the number of one-hour SCSRs in the proposed 
storage location to equal or exceed the total number of miners that 
normally work on the affected section. The three minute travel distance 
should be determined based on actual in-mine conditions rather than on 
the current Escapeway and Distance Chart. Before approving the 
designated section storage cache of additional SCSRs proposed by the 
mine operator, the district manager should verify that the proposed 
cache would always be within a distance that can be traveled by miners 
at a normal pace in three minutes or less.
    Miners on continuous or conventional sections who perform work that 
does not include the use of mobile equipment, such as foremen, 
mechanics, and general laborers, should wear, carry or keep their one-
hour SCSRs within 25 feet. If the mine operator, in consultation with 
the miners, believes that it would be difficult or impractical for such 
miners to do so, the mine operator must request that the district 
manager approve a storage plan permitting these miners to be further 
than 25 feet from their one-hour SCSRs. The plan must include a 
provision requiring the affected miners to wear an approved filter type 
self-rescuer or, utilizing new SCSR technology, wear an approved SCSR 
which provides less than one hour of protection. It also should: (1) 
Establish a designated section storage cache for one-hour SCSRs which 
should always be within a distance that can be traveled by miners at a 
normal pace within three minutes; and (2) set the number of one-hour 
SCSRs in the proposed storage location to equal or exceed the total 
number of such miners that normally work on the affected section. The 
three minute travel distance should be determined based on actual in-
mine conditions rather than on the current Escapeway and Distance 
Chart. Before approving the designated section storage cache of SCSRs 
proposed by the mine operator, the district manager should verify that 
the proposed cache would always be within a distance that can be 
traveled by miners at a normal pace in three minutes or less.
3. Miners on Longwall Mining Sections
    Miners who work on longwall mining sections should wear or carry 
their one-hour SCSRs. If the mine operator, in consultation with the 
miners, believes that it would be difficult for longwall miners to 
perform their work on the longwall face while wearing or carrying their 
devices, the mine operator must request that the district manager 
approve a storage plan permitting these miners to be further than 25 
feet from their one-hour SCSRs. The plan must include a provision 
requiring the affected miners to wear an approved filter type self-
rescuer or, utilizing new SCSR technology, wear an approved SCSR which 
provides less than one hour of protection. It also should: (1) Locate 
storage caches at the headgate and tailgate ends of the longwall; (2) 
provide miners on the longwall section with additional SCSRs located on 
the longwall face so they are no further than three minutes travel time 
from the one-hour devices; and (3) set the number of one-hour SCSRs 
located at each headgate and tailgate cache and on the face to equal or 
exceed the number of miners who normally work on the longwall mining 
section. The three minute travel distance should be determined based on 
actual in-mine conditions rather than on the current Escapeway and 
Distance Chart. Before approving the location for the additional face 
SCSRs proposed by the mine operator, the district manager should verify 
that longwall miners would always be within three minutes or less of 
one-hour devices in the headgate, tailgate, or on the face traveling at 
a normal pace.
4. Miners Working in Specific Outby Areas
    Miners working in specific outby areas, such as belt installers, 
track layers, and construction workers, should wear, carry, or keep 
their one-hour SCSRs in a readily accessible location within 25 feet. 
If the mine operator, in consultation with the miners, believes it is 
difficult or impractical for these miners to perform their work while 
wearing or carrying their one-hour devices, the operator must request 
that the district manager approve a storage plan permitting these 
miners to be further than 25 feet from their one-hour SCSRs. A storage 
plan for miners working in specific outby areas of a mine must include 
a provision requiring the affected miners to wear an approved filter 
type self-rescuer or, utilizing new SCSR technology, wear an approved 
SCSR which provides less than one hour of protection. It also should: 
(1) Establish a designated storage location for one-hour SCSRs that 
should always be within a distance that can be traveled by the affected 
miners at a normal pace within three minutes; and (2) set the number of 
one-hour SCSRs in the designated storage cache to equal or exceed the 
number of miners working in the specific area at any given time. The 
storage plan may describe the typical arrangement proposed since the 
area where this type of miner works changes periodically. The three 
minute travel distance should be determined based on actual in-mine 
conditions rather than on the current Escapeway and Distance Chart. 
Before approving the storage cache proposed by the mine operator, the 
district manager should verify that the location would always be within 
a distance that can be traveled by miners at a normal pace in three 
minutes or less.

IV. Other Matters Bearing Upon the Safety of Miners

1. Storage Methods and Procedures
    Storage plans submitted for district manager approval must contain 
provisions ensuring that all designated storage caches: (1) Are readily 
identifiable; (2) are easily accessible and direct miners to the 
nearest intake escapeway; and (3) are adequately protected from the 
mining environment.
2. Training
    All mine operators who request approval to store more than one type 
of one-hour SCSR must include a provision in their SCSR storage plans 
detailing the training to be provided to ensure that all miners have 
the ability to satisfactorily don and use each type of filter self-
rescuer and SCSR device deployed at their mines.

[[Page 50544]]

V. Final Policy Effective Date

    Mine operators who submit new SCSR storage plans for approval after 
the date the notice of final policy change is issued should address the 
factors outlined in 30 CFR Section 75.1714-2(e)(1)(I) through (xi), and 
should provide the additional SCSR protection set out in the final 
policy change notice.
    Mine operators with currently approved SCSR storage plans who 
choose to continue storing the one-hour SCSR devices should revise 
their storage plans to provide the additional SCSR protection set out 
above within two years from the date of the final notice of policy 
change.

    Dated: September 19, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 97-25633 Filed 9-25-97; 8:45 am]
BILLING CODE 4510-43-P


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