7636 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

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: Final rule. 

SUMMARY: The final rule revises MSHA’s 

existing standards for mine rescue teams 

for underground coal mines. This final 

rule implements Section 4 of the Mine 

Improvement and New Emergency 

Response (MINER) Act of 2006 to 

improve overall mine rescue capability; 

to improve mine emergency response 

time and mine rescue team 

effectiveness; and to increase the 

quantity and quality of mine rescue 

team training. 

DATES: Effective date: February 8, 2008. 

Compliance dates: Each mine 

operator shall comply with the 

following sections by the dates listed 

below. 

1. § 49.12(h) by May 8, 2008. 

2. § 49.12(f) and § 75.1501(a)(2) by 

August 8, 2008. 

3. § 49.40 by November 10, 2008. 

4. §§ 49.18(b), 49.20(a), 49.20(b), 

49.30, and 49.50 by February 9, 2009. 

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 

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. Executive Order 13272: Proper 

Consideration of Small Entities in 

Agency Rulemaking 

I. Introduction 

This final rule implements Section 4 

of the Mine Improvement and New 

Emergency Response (MINER) Act of 

2006. MSHA’s objective, consistent with 

the MINER Act, is to develop a final rule 

that fosters an environment that results 

in more preparation for mine rescue and 

mine emergency response. The final 

rule, like the proposal, retains all 

existing standards as subpart A 

applicable to underground metal and 

nonmetal mines. The MINER Act is not 

applicable to metal and nonmetal 

mines. The final rule creates a new, 

separate, subpart B containing existing 

standards and MINER Act provisions for 

underground coal mines. MSHA 

developed this final rule based on the 

provisions of the MINER Act, Agency 

data and experience, testimony at the 

public hearings, and the comments on 

the proposed rule. 

MSHA is providing delayed 

compliance dates for some sections to 

give mine operators the time needed to 

comply with the stated requirements. 

1. By May 8, 2008, each mine operator 

must send the District Manager a 

statement describing the mine’s method 

of providing mine rescue coverage in 

accordance with § 49.12(h). 

2. By August 8, 2008— 

• Each mine must have a mine rescue 

station located no more than 1 hour 

ground travel time from the mine in 

accordance with § 49.12(f). If equipment 

is not readily available, the operator 

must have purchase orders for the 

required equipment. 

• The mine operator must have a 

responsible person knowledgeable about 

mine emergency response, who has 

completed the course of instruction in 

mine emergency response prescribed by 

MSHA in accordance with 

§ 75.1501(a)(2). 

3. By November 10, 2008, each 

operator of a large mine must have 

either an individual mine-site team or a 

composite team as one of the mine’s 

certified mine rescue teams in 

accordance with § 49.40. 

4. By February 9, 2009— 

• Mine rescue team members must 

have completed 96 hours of annual 

training, including participation in two 

local mine rescue contests and training 

at each covered mine in accordance 

with § 49.18(b). 

• Each mine operator shall make 

available two certified mine rescue 

teams whose members are familiar with 

the operations of the mine and have 

participated in two local mine rescue 

contests in accordance with § 49.20(a). 

• Each team providing coverage to a 

mine must be knowledgeable about the 

operations and ventilation of the mine 

in accordance with §§ 49.20(b) and 

49.30. 

• Each mine operator must certify to 

the District Manager that each team 

designated to provide mine rescue 

coverage to the mine meets the 

requirements for certification in 

accordance with § 49.50. 

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 Mine 

Improvement and New Emergency 

Response (MINER) Act of 2006, which 

became effective on June 15, 2006. The 

goal of the MINER Act is ‘‘to improve 

the safety of mines and mining.’’ 

Section 4 of the MINER Act requires 

that the Secretary issue regulations for 

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, the final rule affects those 

mines and the mine rescue teams that 

cover them. 

MSHA published the proposed rule 

for Mine Rescue Teams in the Federal 

Register on September 6, 2007 (72 FR 

51320). The Agency held four public 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7637 

hearings on October 23, 2007, in Salt 

Lake City, Utah; on October 25, 2007, in 

Lexington, Kentucky; on October 30, 

2007, in Charleston, West Virginia; and 

on November 1, 2007, in Birmingham, 

Alabama. In response to a request from 

the public, MSHA extended the 

comment period from November 9, 

2007, to November 16, 2007. This action 

allowed commenters sufficient time to 

review the posted transcripts and 

submit comments. 

III. Section-by-Section Analysis 

MSHA developed this final rule based 

on the provisions of the MINER Act, 

Agency experience, testimony at the 

public hearings, and the comments on 

the proposed rule. 

A. Technical Amendments to Existing 

Standards 

This final rule makes no substantive 

change to requirements for mine rescue 

teams at underground metal and 

nonmetal mines; however, it makes the 

following non-substantive 

organizational changes to 30 CFR part 

49. 

• The final rule adds a heading 

designating the existing standards as 

Subpart A—Mine Rescue Teams for 

Underground Metal and Nonmetal 

Mines; but makes no changes to §§ 49.1 

through 49.9. 

• The final rule deletes § 49.10 

Effective date, which is obsolete. 

B. Subpart B 

Subpart B contains all the standards 

applicable to mine rescue teams for 

underground coal mines. The final rule 

revises existing standards to implement 

the provisions and achieve the goals of 

the MINER Act, and to address the 

unique conditions present in anthracite 

coal mines. The final rule also revises 

existing § 75.1501(a) in 30 CFR part 75 

to implement a MINER Act requirement. 

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 a local 

mine rescue contest. 

1. New Subpart B and the 

Reorganization of Part 49 

The final rule, like the proposal, 

retains all existing standards as subpart 

A applicable to underground metal and 

nonmetal mines and creates a new, 

separate, subpart B containing existing 

standards and the MINER Act 

provisions for underground coal mines. 

In the proposal, MSHA requested 

comments on the re-organization of 30 

CFR part 49. Commenters supported the 

re-organization and thought that it was 

beneficial in eliminating confusion. A 

commenter expressed concern regarding 

use of separate standards for different 

industries and urged MSHA to be 

cautious of this approach. MSHA’s 

approach in the final rule is consistent 

with the Agency’s longstanding practice 

of having separate standards for 

different industries. 

MSHA also requested comments on 

whether the proposal would result in 

different approaches to providing mine 

rescue services and, if so, what those 

approaches would be. Commenters 

expressed a variety of concerns, most 

related to team composition and 

training at each covered mine. 

2. Section 49.11 Purpose and Scope 

The final rule, like the proposal, adds 

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 

final rule also designates the existing 

provision as paragraph (a) and adds a 

new paragraph (b). Paragraph (b) 

contains Table 49.11, which provides 

mine operators a summary of new 

MINER Act requirements. As noted 

following the table, state employees, 

whose primary job duties include (1) 

inspecting underground mines for 

compliance with state safety laws, (2) 

training mine rescue teams, or (3) other 

similar duties that would enhance their 

mine rescue knowledge, can substitute 

their regular job experience for 50 

percent of the annual training 

requirements, including mine rescue 

contests and mine-site training. 

MSHA requested comments on 

allowing State employees on mine 

rescue teams to substitute their job 

experience for 50 percent of the annual 

training requirements. Most commenters 

agreed that job duties can substitute for 

some of the required training. One 

commenter suggested that job 

experience should substitute for all 

training requirements. Some 

commenters stated that all mine rescue 

team members should be allowed to 

substitute job experience for training 

requirements. Several commenters 

stated that individual job duties should 

not be allowed to substitute for any 

mine rescue team training for any mine 

rescue team members. 

State employees on mine rescue teams 

involved in full-time inspection and 

mine rescue training activities have 

developed an expertise that will 

enhance mine rescue team emergency 

response capabilities. They are 

dedicated professionals who are familiar 

with mines they cover and 

knowledgeable about mine rescue and 

other areas of mine safety and health 

training. On a daily basis, they are 

exposed to a variety of mining 

environments, complex conditions, 

different problems, and new issues. This 

affords them a broad perspective into 

the safety and health objectives 

pertaining to mine rescue and mine 

rescue training. 

MSHA recognizes the knowledge and 

experience state employees on mine 

rescue teams gain in the performance of 

their jobs. MSHA agrees with the 

commenters supporting the note to 

Table 49.11. Under the final rule, fulltime state employees on mine rescue 

teams must complete at least 48 hours 

of refresher training annually, including 

participation in at least one local mine 

rescue contest and training at each 

covered mine at least once every year. 

3. Section 49.12 Availability of Mine 

Rescue Teams 

(a) § 49.12(b) Alternative Composition 

Requirements for Mine Rescue Teams 

for Anthracite Coal Mines 

The final rule, like the proposal, 

includes requirements for mine rescue 

teams serving underground anthracite 

coal mines with no electrical equipment 

at the working section. The final rule is 

derived from petitions for modification, 

which MSHA has historically granted 

under section 101(c) of the Mine Act, 

because mining methods and conditions 

in underground anthracite coal mines 

are unique. For these mines, MSHA 

requires mine rescue teams to be 

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 


jlentini on PROD1PC65 with RULES2
7638 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

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. 

Most anthracite mines are small 

(average 5 employees) and could not 

have their own mine site teams, are 

located in the same geographical area, 

and belong to an association called 

‘‘Anthracite Underground Rescue’’

(AUGR). AUGR and the Pennsylvania 

Bureau of Mine Safety (Bureau) have an 

agreement for mine rescue training. 

AUGR provides qualified miners to be 

trained in mine rescue and the State 

provides a mine rescue station, 

equipment, and a trainer. These teams 

cover all the anthracite mines. 

Commenters supported this provision. 

One commenter stated that the proposed 

alternative does not benefit two small 

anthracite mines that have electrical 

face equipment and they can not 

realistically start their own company 

teams. This commenter urged MSHA to 

consider these teams as composite, but 

not require team members from each 

covered mine. The final rule does not 

expand the proposed provision to 

underground anthracite coal mines with 

electrical equipment at the face or 

working section. This final provision is 

consistent with MSHA’s action on 

existing petitions for modification. 

(b) § 49.12(c) Alternative Experience 

Requirement for Members of Contract 

Mine Rescue Teams 

The final rule, like the proposal and 

consistent with 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 

final rule retains the existing provision 

that requires mine rescue team members 

to have been employed in an 

underground mine for at least 1 year 

within the past 5 years. MSHA received 

no comments on this provision. 

One commenter objected to allowing 

a surface employee who regularly works 

underground to claim such time to meet 

the experience requirement. The final 

rule retains this existing provision; the 

proposal did not address it. 

Another commenter asked that MSHA 

clarify what it means to work 

underground ‘‘regularly.’’ For the 

purpose of this provision, MSHA 

considers ‘‘regularly works’’ to mean 

that the member has recurring job duties 

at each mine, exposing the member to 

the mine’s underground operations, 

conditions, and environment. For 

example, this may include surveyors, 

engineers, safety personnel, electricians, 

and maintenance and service personnel. 

Several commenters requested that 

MSHA waive this requirement for 

current mine rescue team members who 

are employed on the surface. Like the 

proposal, the final rule waives the 

underground experience requirement 

for those miners on a mine rescue team 

on February 8, 2008. 

4. § 49.12(f) Available Within 1 Hour 

Ground Travel Time From the Mine 

Rescue Station 

The final rule, like the proposal, 

includes the MINER Act requirement 

that 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. This provision will assure 

that a team will arrive at the mine more 

quickly in case of a mine emergency. 

MSHA received numerous comments 

on this proposal. Commenters 

questioned whether this provision 

would improve safety in an actual 

emergency. Commenters noted that 

there have been no instances where a 

team’s arrival delayed a rescue 

operation and stated that the provision 

is not justified. Several commenters 

indicated that the proposal is infeasible 

for some western coal mines, which are 

geographically isolated. Likewise, some 

commenters indicated that rugged 

terrain in Central Appalachia hinders 

ground travel, making compliance 

difficult. A few commenters stated that 

the proposal will cause the relocation of 

stations further from some mine sites, 

disrupt current team coverage, and may 

result in mine closures. Many 

commenters indicated that a sufficient 

number of volunteers may not be 

available to form additional teams 

needed for new mine rescue stations. 

Commenters stated that the 

establishment of new and relocation of 

existing rescue stations is an 

unnecessary, burdensome expense, with 

no benefit to mine safety. 

Commenters suggested that MSHA 

grandfather existing mine rescue 

stations and current coverage 

arrangements. Commenters also 

suggested that MSHA allow the District 

Manager to grant waivers of the 1 hour 

ground travel time for existing teams 

and stations, but only up to 2 hours. 

Commenters also asked MSHA to 

consider alternatives, including the use 

of air transportation and emergency 

escorts. 

One commenter did not believe the 1- 

hour provision would cause undue 

hardship. One commenter stated that 

more rescue stations would likely be 

created, resulting in teams getting to the 

mines sooner. Consistent with the 

MINER Act, the final rule includes the 

1-hour requirement. 

5. Section 49.13 Alternative Mine 

Rescue Capability for Small and Remote 

Mines 

The final rule, like the proposal, 

retains the existing provision for 

alternative capability for small and 

remote mines. It requires that the 

operator’s application include the total 

underground employment of any mines 

within 1 hour of the operator’s mine, to 

be consistent with the 1-hour 

requirement of the MINER Act. It also 

requires that the operator include the 

location of the mine rescue station 

serving the mine. Commenters 

suggested alternatives that the District 

Manager should consider for small and 

remote mines. Other commenters stated 

that this provision should not be used 

to allow remote operations with large 

numbers of miners to circumvent the 

MINER Act requirement for two teams. 

For clarification, MSHA notes that this 

provision, which was in the existing 

standard, requires a mine to be both 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7639 

small and remote before it can file an 

application. 

6. Section 49.14 [Reserved] 

The final rule, like the proposal, does 

not include this provision in subpart B 

because it is not applicable to 

underground coal mines. MSHA 

received no comments on this proposal. 

7. Section 49.15(a) Mine Rescue 

Station 

The final rule, like the proposal, 

removes the exception related to 

alternative compliance. The final rule 

makes no change from the proposal. 

This final rule is consistent with the 

goals of the MINER Act. MSHA received 

no comments on this proposal. 

8. Section 49.16(a) Alternative 

Equipment Requirement for Anthracite 

Mines 

The final rule, like the proposal, adds 

a provision to address underground 

anthracite coal mines that have no 

electrical equipment at the face or 

working section. Through the petition 

for modification (PFM) process, 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. These 

operators have submitted petitions for 

modification 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. 

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. 

The final rule requires 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. Under 

the final rule, equipment required per 

team, such as gas detectors, may not be 

reduced. No commenters objected to 

this provision, so long as it is consistent 

with the provisions in the petitions for 

modification. 

9. Section 49.17 Physical requirements 

for Mine Rescue Team 

Like the proposed rule, the final rule 

maintains the existing physical 

requirements for mine rescue teams. 

Commenters suggested that MSHA 

modify the rule to allow the use of 

corrective glasses in determining distant 

visual acuity. Although MSHA 

considered this suggestion, it is beyond 

the scope of the rulemaking. 

10. Section 49.18 Training for Mine 

Rescue Teams 

The final rule, like the proposed rule, 

retains the existing requirements. In the 

final rule, MSHA has removed obsolete 

language in § 49.18(a) related to waiver 

of initial training. All existing teams 

meet the initial training requirement, 

making it unnecessary to waive. 

Like the proposal, the final rule adds 

paragraph (b)(6), which requires 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. Commenters 

agreed that training in smoke afforded 

teams skills that would be useful in an 

actual mine emergency and that several 

mine rescue teams already perform this 

training. Although some mine operators 

or training facilities use actual smoke, 

operators can use a nontoxic theatrical 

smoke, which is harmless. For the 

purposes of this provision, an 

equivalent environment could include 

training with glasses or face shields that 

reduce vision and simulate smoke. This 

requirement assures that mine rescue 

team members train in realistic 

conditions. 

The final rule increases the 40-hour 

annual refresher training requirement to 

96 hours from 64 hours in the proposed 

rule. This training must be provided at 

least 8 hours every 2 months. This 

increase is in response to comments and 

is consistent with the goals and 

objectives of the MINER Act and the 

recommendations of the Mine Safety 

Technology and Training Commission 

(Commission). Some commenters 

supported the existing requirement of 

40 hours of annual training. These 

commenters generally were concerned 

that small mines do not have the 

resources to allow training during work 

hours and that an increase in this 

training could affect the mine rescue 

teams’ ability to attract volunteers. 

Other commenters suggested 48 hours of 

annual training was appropriate. They 

suggested 8 hours of training every 2 

months, for a total of 48 hours. They 

indicated that the increased training 

time may conflict with mine-site duties, 

which might preclude experienced 

miners from participating on rescue 

teams. 

Other commenters were not opposed 

to the proposed 64 hour training 

requirement. Several noted that their 

teams’ annual training currently exceeds 

64 hours. These commenters noted that 

the content and quality of this training 

is more important than the total number 

of training hours. They requested more 

flexibility in scheduling training, stating 

that some mine rescue training occurs 

irregularly, depending on weather 

conditions and contest schedules. 

Other commenters recommended that 

the annual training requirement be 

increased to a minimum of 96 hours, 

given at 8 hours each month. In support 

of this recommendation, they cited the 

Commission’s report on Improving Mine 

Safety Technology and Training: 

Establishing U.S. Global Leadership 

(2006). The Commission, composed of 

members from a cross-section of the 

mining community, industry, labor, 

academia, government, including mine 

rescue practitioners, recommended a 

minimum of 96 hours of annual 

training, at 8 hours each month. One 

commenter also stated that participating 

in mine rescue contests should not be 

considered as part of this 96 hours of 

annual training. 

Based upon the comments, the 

Commission’s report, and Agency data 

and experience, in the final rule MSHA 

has increased the amount of annual 

training to 96 hours. In making this 

decision, MSHA determined that 

additional annual refresher training is 

necessary to fully address all of the 

training requirements in the MINER Act. 

MSHA also agrees with commenters’

suggestions and the Commission’s 

report that additional training is 

necessary to adequately prepare for 

mine rescue team service. In addition, 

based on the Commission’s 

recommendations and MSHA’s 

experience, MSHA anticipates that this 

additional training will provide an 

incremental increase in safety for 

underground coal miners. Therefore, the 

final rule increases training from the 

proposed 64 to 96 hours. 

In addition to existing requirements, 

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. Also, 

teams under paragraph (b)(6) need to 

train in smoke, simulated smoke, or an 

equivalent environment once annually. 


jlentini on PROD1PC65 with RULES2
7640 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

In order to further improve their skills, 

teams may also participate in Mine 

Emergency Response Development 

(MERD) exercises or other practical 

simulation exercises, such as a fire or 

explosion drills. This type of training 

further enhances teams’ skills in 

interacting with a command center. 

Recommended training could also 

include: first responder training, 

communications, mine gases, gas 

detectors, new technology, heat stress, 

and hazard training unique to the 

covered mines. In addition, skills 

training may include building 

temporary stoppings and seals, using a 

foam generator underground, and using 

an air lock to rescue survivors. This 

additional training will enhance teams’

skills and abilities. 

The MINER Act also requires mine 

rescue team members to participate in 

two local mine rescue contests each 

year. The final rule will allow up to 16 

hours of credit for participation in the 

two required mine rescue contests. 

Some commenters objected to including 

mine rescue contests as a part of the 

annual training requirement, while 

others favored such a requirement. 

Commenters stated that mine rescue 

contests are designed to increase rescue 

team skill levels and to facilitate 

interaction between various rescue 

teams. MSHA agrees. MSHA believes 

that mine rescue contests serve a vital 

role in achieving the purpose of the 

MINER Act to improve the safety of 

mines and mining. Historically, they 

have served to assure that mine rescue 

teams are well-trained and capable of 

responding to mine emergencies. Under 

existing Agency policy, MSHA allows 

up to 8 hours credit for mine rescue 

contests toward the annual training 

requirement. In recognition of the 

critical need for the team to travel 

efficiently from the mine rescue station 

to the covered mine, under the final 

rule, travel time can be counted toward 

fulfilling the 96 hour requirement. 

While the final rule increases the total 

amount of annual refresher training, it 

retains the requirement that the training 

occur at least 8 hours every 2 months. 

Taking into consideration comments 

that mine rescue training occurs 

irregularly, depending on weather 

conditions and contest schedules, 

MSHA decided not to reduce the 

flexibility of scheduling training. Based 

on MSHA data and experience, 8 hours 

of training every 2 months is necessary 

to avoid skills degradation. As the 

Commission’s report states, 

The nation’s mine rescue capability rests 

more heavily on training than on any other 

aspect of the mine emergency response 

system. Especially since emergency incidents 

are relatively rare, the predominant way 

teams keep their skills sharp, and develop 

cohesion, enthusiasm, and trust, is through 

training. 

The final rule, like the proposed rule 

and the existing standard, requires that 

the training courses 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. A 

commenter suggested that MSHA allow 

experienced underground miners to 

become instructors even though they do 

not have 1 year experience as a mine 

rescue team member. MSHA has not 

included this suggestion in the final rule 

to assure 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 this requirement. 

C. Subpart B—Mine Rescue Teams for 

Underground Coal Mines; Additional 

MINER Act Provisions 

1. Section 75.1501(a) Person 

Knowledgeable in Mine Emergency 

Response 

The final rule, like the proposal, 

requires that the responsible person be 

trained annually in a course of 

instruction in mine emergency 

response. This provision implements 

the MINER Act requirement that the 

operator have a person employed on 

each shift who is knowledgeable in 

mine emergency response. The final 

rule requires that the responsible person 

be trained in a course prescribed by 

MSHA’s office of Educational Policy 

and Development. 

The majority of commenters 

expressed concern that the proposal 

placed too much responsibility on one 

person. Some of these commenters 

thought that the proposal required the 

responsible person to conduct the 

activities listed in the proposal, rather 

than to be trained in those activities. 

Other commenters expressed concern 

that the proposal contained excessive 

training requirements and that the 

training areas listed were not 

sufficiently described. One commenter 

indicated that MSHA must establish and 

require a standard minimum curriculum 

along with recommended times for each 

topic. 

In response to comments, MSHA has 

clarified the final rule to require that the 

responsible person be trained in a 

course which includes topics listed in 

the rule. The rule does not establish any 

new duties for the responsible person. 

Further, in response to comments, the 

course for the responsible person will be 

based on a curriculum prescribed by 

MSHA and placed on the Agency’s Web 

site. MSHA is developing this course in 

mine emergency response to assure 

consistent and comprehensive training. 

Commenters further requested that the 

final rule include a recommended 

duration of time for this training. In 

light of the fact that MSHA is 

developing the curriculum for this 

course, MSHA does not believe that it 

is either necessary or appropriate to 

specify a duration for this training. 

Consistent with other MSHA training 

requirements, the final rule, like the 

proposal, requires 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. MSHA 

received no comments on this aspect of 

the proposal. 

2. Section 49.20 Requirements for All 

Coal Mines 

The final rule addresses MINER Act 

provisions that are the same for all 

underground coal mine rescue teams, 

regardless of the size of the operation. 

It requires 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. 

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

Operations of Covered Mines 

This final rule, like the proposal, 

requires two certified mine rescue teams 

whose members are familiar with the 

operations of the mine and participate at 

least annually in two local mine rescue 

contests. One commenter stated that 

while MSHA’s understanding of 

‘‘familiarity’’ is acceptable for the 

knowledge a miner would posses in 

order to safely perform job duties, it 

does not adequately describe the level of 

knowledge a mine rescue team member 

should posses in order to carry out 

rescue and recovery duties. Commenters 

indicated that familiarity with the 

covered mine was necessary but did not 

agree with the frequency of training at 

the covered mine. 

The final rule adopts the MINER Act 

requirement of ‘‘familiarity’’ with the 

operation of the coal mine. Under the 

final rule, 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. Team 

members who do not work at the 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7641 

covered mine become familiar with its 

operations by participating in mine 

rescue training at the mine. Training at 

the mine may 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 need to be 

familiar with the location of stored 

SCSRs, lifelines, 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, 

teams may need more time to become 

familiar with complex mines and newer 

team members may require more time to 

achieve this familiarity. For this reason, 

MSHA is not requiring a minimum 

amount of time for mine rescue team 

training underground at each covered 

mine. MSHA expects the operator to 

effectively evaluate each team member 

to determine the amount of training 

necessary for that person to become 

familiar with operations at the covered 

mine. MSHA expects that a portion of 

each required training session at the 

mine be conducted in the mine. 

b. § 49.20(a)(2) Participation in Two 

Local Mine Rescue Contests 

Like the proposal, the final rule 

includes the MINER Act requirement 

that mine rescue team members 

participate in two local mine rescue 

contests annually. 

Commenters expressed concern with 

the criteria for, and quality of, mine 

rescue contests. They were concerned 

about the availability of acceptable 

contests. MSHA addresses commenters’

concerns with criteria for mine rescue 

contests in the discussion of § 49.60, 

which addresses requirements for a 

local mine rescue contest. 

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. 

A commenter stated that participation 

in two back-to-back contests is 

counterproductive because the teams 

need time to analyze and discuss in 

depth their performance during the 

contest. Contest judges evaluate teams 

and provide a written evaluation and 

score after each contest. Contest judges 

will evaluate each team and judge if the 

team demonstrates acceptable skills to 

be certified. A copy of the judge’s 

evaluation will be submitted to the 

District Manager. MSHA expects that 

teams learn from constructive feedback 

and their experiences during contests. 

In response to this comment, MSHA has 

changed the proposed criteria for a local 

mine rescue contest in the final rule to 

clarify that a contest consists of one or 

more problems on one or more days 

with a determined winner. 

c. § 49.20(b) Requirements for Types of 

Mine Rescue Teams 

The final rule, like the proposal, 

provides for four types of mine rescue 

teams, consistent with the MINER Act. 

In response to comments, MSHA has 

included clarifying changes in the final 

rule. 

Commenters generally expressed 

concern that the description of teams in 

the MINER Act did not adequately 

encompass the variety of arrangements 

for mine rescue service or the 

composition of mine rescue teams that 

are currently available to the mining 

community. Commenters indicated that 

this provision would disrupt existing 

mine rescue service, which would be 

contrary to the goals of the MINER Act. 

They cautioned that the proposal could 

result in: Disbanding experienced mine 

rescue teams; replacing experienced 

team members with inexperienced ones; 

inability to attract volunteers to join 

mine rescue teams; mines losing current 

coverage arrangements, and possibly 

mine closures. 

Commenters objected to the 

differences in training requirements for 

large and small mines. In particular, 

commenters expressed concern that the 

training differences between types of 

teams were illogical, requiring mine-site 

and state-sponsored teams to train more 

often at each covered small mine than 

at each covered large mine. Other 

commenters stated that mine size and 

complexity should determine the 

frequency of training at the covered 

mine, not the type of team. 

Commenters objected to the proposed 

requirement that composite teams from 

small mines need to include two miners 

from each covered mine. They were 

concerned about the ability of small 

mines to generate two volunteers due to 

their employment. They indicated that 

small mines are less likely to be able to 

spare a miner to perform mine rescue 

training or service. A commenter, 

however, indicated that small mines 

should be required to have two team 

members on composite teams. 

Several commenters suggested 

allowing a company team, composed of 

miners who work for an operator of 

multiple mines, to be considered a 

mine-site team so they would not need 

to have two team members from each 

covered mine. Commenters also 

expressed concern that requiring two 

members from each covered mine may 

result in teams with too many members, 

creating logistical training problems and 

excessive costs. 

With regard to state-sponsored teams, 

several commenters suggested that 

teams composed of non-state employees 

who use mine rescue equipment and 

stations provided by the state be 

considered a state-sponsored or 

composite team instead of a contract 

team. Some commenters stated that 

State-sponsored composite team 

members should be considered state 

employees to get credit for the time in 

training at the mine in which they work. 

In response to commenters’ concerns 

that the proposal did not effectively 

encourage the creation of new mine site 

teams, the final rule requires mine-site 

teams to train annually at each covered 

small mine. MSHA expects this change 

to encourage more mine-site teams. The 

final rule also requires state-sponsored 

teams to train annually instead of semiannually at each covered small mine. 

Additionally, at small mines only, the 

final rule allows composite teams to 

have one member from each covered 

small mine. Also in response to 

comments, for the purpose of mine 

rescue team membership, a member 

employed by an operator of multiple 

mines is considered to be an employee 

of each mine at which the member 

regularly works. In this section, MSHA 

considers ‘‘regularly works’’ to mean 

that the member has recurring job duties 

at each mine, exposing the member to 

the mine’s underground operations, 

ventilation, conditions, and 

environment. For example, these 

employees may include surveyors, 

engineers, safety personnel, electricians, 

and maintenance and service personnel. 

One commenter questioned the use of 

‘‘a’’ covered mine in the proposal, 

believing that MSHA meant ‘‘each’’

covered mine. In response to this 

comment, the final rule includes the 

term ‘‘each’’ covered mine. 

d. Knowledge of Operations and 

Ventilation at the Covered Mine 

The final rule, like the proposal, 

requires members of mine rescue teams 

to have knowledge of the operations and 


jlentini on PROD1PC65 with RULES2
7642 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

ventilation at each covered mine. 

Generally, this would require each team 

to review the mine’s ventilation maps, 

roof or ground control methods, 

emergency response plan, 

transportation, and communication 

system. 

e. Mine Rescue Team Training at Each 

Covered Mine 

The final rule, like the proposal, 

requires that members of mine rescue 

teams must participate in training at 

each covered mine, consistent with the 

MINER Act, MSHA interprets the intent 

of the MINER Act to require that at least 

a portion of the training at each covered 

mine must be conducted underground. 

Commenters objected to the 

requirement that teams train at each 

covered mine. They stated that this 

training is impractical, overly 

burdensome, unnecessary, and may 

negatively affect the ability to attract 

new team members. In particular, 

commenters indicated that travel and 

training time is excessive for contract 

teams. Several commenters suggested 

that, to alleviate this burden, team 

members be allowed to rotate training at 

each covered mine so that each team 

member trains at each covered mine at 

least annually. Some commenters 

suggested that only two members of 

each team be required to train at each 

covered mine and they would brief the 

team. A commenter suggested that, if 

the team does not complete training at 

each covered mine, the team should not 

be used as a first responder. 

Under the final rule, the number of 

training sessions required at the covered 

mine depends on the mine size and type 

of mine rescue team. The following 

chart illustrates the required number of 

training sessions at each covered mine. 

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

EACH YEAR

Type of team 

Mine size 

Large 

(more than 36) 

Small 

(36 or fewer) 

Mine Site .................................................................................................. 1 (annually) ................................... 1 (annually). 

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

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

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

In response to comments, the final 

rule includes § 49.20(d) to clarify that a 

portion of the training at each covered 

mine must be conducted underground. 

f. Integration of Mine Rescue Team 

Training Requirements 

The two new categories of training for 

mine rescue team members, 

participation in mine rescue contests 

and participation in training at the 

covered mines, complement the existing 

training. The final rule retains existing 

requirements for training sessions 

underground every 6 months; and the 

wearing of breathing apparatus for a 

minimum of 2 hours every 2 months. 

MSHA expects operators to integrate the 

new requirements, including mine 

rescue training at the covered mines, 

with the existing requirements. 

g. Section 49.20(c) Employee of 

Multiple Mines 

The final rule adds this paragraph in 

response to comments. Commenters 

requested that the Agency clarify, for 

mine rescue team purposes only, the 

employment status of an employee who 

works at multiple mines for a single 

operator. For the purpose of mine rescue 

team membership, this new provision 

allows a team member employed by an 

operator of multiple mines to be 

considered an employee of each mine at 

which the member regularly works. In 

this section, MSHA considers ‘‘regularly 

works’’ to mean that the member has 

recurring job duties at each mine, 

exposing the member to the mine’s 

underground operations, conditions, 

and environment. For example, this may 

include surveyors, engineers, safety 

personnel, electricians, and 

maintenance and service personnel. 

3. Section 49.30 Requirements for 

Small Coal Mines 

The final rule, like the proposal, 

requires that members of mine rescue 

teams covering a small mine know the 

operations and ventilation of the mine. 

In response to comments, MSHA 

clarifies that small coal mines applies to 

mines with 36 or fewer underground 

employees. Commenters asked MSHA to 

clarify how the Agency would 

determine employment for purposes of 

the rule. MSHA recognizes that a small 

mine’s employment may fluctuate from 

time to time. MSHA expects operators to 

use data reported to MSHA for the 

quarterly employment and coal 

production report required in § 50.30 to 

determine the number of underground 

employees working at a mine. 

4. Section 49.40 Requirements for 

Large Coal Mines 

The final rule, like the proposal, 

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, 

consistent with the MINER Act. The 

second mine rescue team can be a minesite, composite, contract, or Statesponsored team. MSHA clarifies that 

large coal mines applies to mines that 

have more than 36 underground 

employees. MSHA recognizes that a 

large mine’s employment may fluctuate 

from time to time. MSHA expects 

operators to use the data reported to 

MSHA for the quarterly employment 

and coal production report required in 

§ 50.30 to determine the number of 

underground employees working at a 

mine. 

5. Section 49.50 Certification of Mine 

Rescue Teams 

The final rule establishes criteria to 

certify the qualifications of mine rescue 

teams, consistent with the MINER Act. 

a. § 49.50(a) Certification Criteria 

The final rule, like the proposal, 

requires that a mine operator certify that 

each of the mine’s two designated mine 

rescue teams meet the requirements of 

this subpart. The certification criteria 

include a certification statement, 

equipment and training requirements, 

and the frequency of certification. As in 

the proposed rule, 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 final 

rule. 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7643 

A commenter asked MSHA to clarify 

whether a mine rescue team member 

may complete an annual certification 

statement. Like the proposal, the final 

rule does not address who completes 

the annual certification statement. To 

comply with this requirement, the mine 

operator must certify and submit the 

annual certification statement to the 

District Manager. 

One commenter objected to operator 

certification of mine rescue teams 

because it does not provide for an 

objective review of a team’s abilities. 

This commenter also expressed concern 

about MSHA’s ‘‘lifetime certification’’ of 

mine rescue instructors and suggested 

that MSHA require instructors to 

demonstrate routinely their skill and 

understanding of mine rescue. The final 

rule provides that a local mine rescue 

contest is training that provides an 

objective evaluation of demonstrated 

mine rescue team skills. MSHA 

considers the evaluations of team 

performance at the two required local 

mine rescue contests to be an objective 

test and evaluation of a mine rescue 

team’s abilities. 

In response to comments, MSHA has 

added a requirement in the certification 

table that judges must certify the results 

of the two local contests. This will serve 

to provide further evidence of an 

objective evaluation of a team’s abilities. 

The final rule requires that contest 

judges complete annual training for 

mine rescue contest judges. As required 

by the final rule, a local mine rescue 

contest must use the National Mine 

Rescue Contest rules, or other rules 

recognized by MSHA. Contest judges 

receive comprehensive training on 

contest rules. At each contest, each 

mine rescue team has a problem. In 

general, judges use the following criteria 

to evaluate team performance: (1) 

Communication with team members; (2) 

Time taken to solve problem; (3) 

Accuracy of markings, e.g. on maps; (4) 

Team effectiveness in solving problem; 

(5) Team effectiveness in handling first 

responder activities, e.g. first-aid; and 

(6) Team’s use of technology, e.g. testing 

for methane and other gasses. Teams 

receive discounts for mistakes, and an 

overall score. Periodically, MSHA will 

monitor mine rescue team instructor 

activities. When a judge finds that a 

team does not meet minimum skills, 

MSHA will audit the training and notify 

the District Manager. Based on this 

audit, MSHA may revoke the 

instructor’s approval. 

For further ease of understanding, 

MSHA divided the proposed Table on 

Certification into two tables in the final 

rule. Table 49.50–A lists the initial 

criteria to certify the qualifications of 

mine rescue teams. Table 49.50–B lists 

the annual criteria to maintain mine 

rescue team certification. New teams 

will have to meet these requirements. 

In response to comments, this final 

rule includes an optional certification 

form that operators may use to assist 

them in complying with this section. 

This optional form is attached as an 

appendix to this rule. The form is 

posted on MSHA’s Web site. MSHA will 

accept certification statements in all 

formats, both electronic and paper. 

(b) § 49.50(b) District Manager 

Notification 

The final rule includes a new 

requirement that an operator must 

notify the District Manager within 60 

days of any change in team 

membership. Commenters stated that 

the membership of each team is subject 

to change and questioned the impact of 

changes on team certification. MSHA 

clarifies that a team does not 

automatically lose its certification when 

a team replaces a member. Under the 

final rule, the operator has 60 days in 

which to notify the District Manager of 

any change so that MSHA can assure 

continued compliance. 

6. Section49.60 Requirements for a 

Local Mine Rescue Contest 

The final rule, like the proposal, 

includes criteria for a local mine rescue 

contest. It also requires that, when 

requested, the mine operator must 

provide information to the District 

Manager concerning each designated 

team’s schedule of participation in 

upcoming local mine rescue contests. 

Paragraph (a) of this section in the 

final rule requires that a local mine 

rescue contest is: conducted in the 

United States; uses MSHA recognized 

rules; has a minimum of 3 teams; and 

has one or more problems conducted on 

one or more days with a determined 

winner. 

With respect to the requirement that 

contests use MSHA-recognized rules, 

commenters stated that all contests 

should use MSHA National Contest 

rules; others indicated that contests 

should concentrate on the practical 

aspects of mine rescue and not focus on 

compliance with rules. Some said the 

contest rules may be too restrictive. Like 

the proposal, the final rule does not 

require contest organizers to use the 

National Mine Rescue Contest Rules; it 

allows other rules recognized by MSHA. 

Commenters wanted MSHA to clarify 

the term ‘‘participate,’’ as used in the 

proposal. As is existing practice, MSHA 

recognizes a team as participating when 

the team is present and competes. Also, 

in response to comments, MSHA will 

consider State-sponsored teams, whose 

members are full-time state employees, 

as participating in a local mine rescue 

contest when performing duties as 

contest judges or officials. 

One commenter supported the 

proposed requirement stating that this 

would allow companies to put on their 

own mine rescue contests and have 

intra-company training. Another 

commenter questioned whether 

permitting competitions with as few as 

three participating teams is adequate. As 

stated in the proposal, MSHA intends 

that requiring a minimum of three teams 

for a local mine rescue contest will 

encourage more contests among teams 

in close geographic proximity. 

Therefore, the final rule requires a 

minimum of three competing teams in 

a local mine rescue contest. 

Commenters indicated that 

participation in a mine rescue contest is 

an opportunity to demonstrate the 

results of training. Teams spend a lot of 

time preparing for contests. As stated in 

the proposal, teams must prepare to 

compete as if the contest were an actual 

mine emergency. MSHA agrees that 

preparation for a contest is a vital 

component of team training, along with 

the interaction with other teams and the 

evaluation provided by judges. 

Competing while being timed, observed, 

and judged creates a stressful 

environment that provides an effective 

forum for evaluating and testing the 

team’s level of knowledge and skill 

under simulated mine emergency 

conditions. The ability to make effective 

decisions quickly, while under stress 

and wearing breathing apparatus, is a 

vital skill for each mine rescue team 

member to develop. 

Most commenters agreed that, in 

order for judges to administer the mine 

rescue contest fairly and provide 

appropriate and meaningful evaluations, 

judges should have a strong background 

in mine rescue. In addition, most 

commenters agreed that there should be 

prescribed areas of annual training for 

contest judges, but did not want a 

minimum required amount of time. 

Some stated that judges’ training on the 

rules should address changes in the 

rules only. MSHA disagrees because 

training should always be 

comprehensive. This strengthens 

existing skills and knowledge and 

accommodates new judges. Some 

commenters indicated that persons with 

knowledge of mine rescue principles 

and practices and experienced in mine 

rescue should be allowed to serve as 

judges for local contests. Some said that 

only MSHA or State personnel should 

judge contests. A few commenters stated 

that judges should have actual mine 


jlentini on PROD1PC65 with RULES2
7644 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

rescue experience, preferably 

experience in an actual emergency. 

MSHA believes that the annual rules 

training is sufficient to adequately train 

judges. 

Paragraph (b) of this section in the 

final rule clarifies that a local mine 

rescue contest provides an objective 

evaluation of demonstrated mine rescue 

team skills. A number of commenters 

indicated that there are other simulated 

mine rescue team exercises that also 

enhance mine rescue skills and provide 

an evaluation of the team’s performance. 

A few commenters expressed concern 

that MSHA proposed other simulated 

mine rescue team exercises as a 

substitute for a local mine rescue 

contest. A local mine rescue contest 

provides an objective evaluation of 

demonstrated mine rescue team skills. 

In response to these comments, the final 

rule clarifies that a MERD exercise or 

practical simulation exercise, such as a 

fire or explosion response exercise, can 

be a local mine rescue contest for 

purposes of this provision. MSHA 

recognizes that the benefit of preparing 

for a contest is as valuable as competing. 

Some commenters said that 

scheduling issues may preclude some 

mines from participating in two local 

mine rescue contests and that additional 

opportunities to participate in other 

types of simulated mine rescue 

exercises allows teams to satisfy this 

requirement. 

Two commenters stated that MSHA 

cannot allow substitution of other 

training for participation in local mine 

rescue contests because the MINER Act 

mandates that teams must participate at 

least annually in two local mine rescue 

contests. As stated previously, MSHA 

considers that participation in 

simulated mine rescue team exercises, 

where the members wear breathing 

apparatus, demonstrate mine rescue 

team skills, and receive an evaluation of 

team performance fosters an 

environment conducive to increased 

preparation for mine rescue and mine 

emergency response. 

As stated in the preamble to the 

proposed rule, MSHA considers actual 

underground participation in a rescue or 

recovery operation as a substitute for 

participation in a local mine rescue 

contest. 

The final rule requires mine operators 

to notify the appropriate District 

Manager, on request, when and where 

their designated teams plan to 

participate in mine rescue contests. This 

notice allows MSHA time to prepare for 

attending the contest and to provide 

assistance as necessary. This notice also 

allows MSHA to verify that the contest 

meets the requirements of this final rule. 

IV. 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 

Regulatory Economic Analysis (REA) for 

the final rule. The REA 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 REA is located on MSHA’s Web site 

at http://www.msha.gov/ 

REGSINFO.HTM. A copy of the REA 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 requires that 

regulatory agencies assess both the costs 

and benefits of significant regulatory 

actions. Under the Executive Order, a 

‘‘significant regulatory action’’ is one 

meeting any of a number of specified 

conditions, including the following: 

Having an annual effect on the economy 

of $100 million or more, creating a 

serious inconsistency or interfering with 

an action of another, materially altering 

the budgetary impact of entitlements or 

the rights of entitlement recipients, or 

raising novel legal or policy issues. 

Based on the REA, MSHA has 

determined that the final rule does 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 final 

rule is otherwise significant under 

Executive Order 12866 because it raises 

novel legal or policy issues. 

B. Population at Risk 

The rule applies to 653 underground 

coal mines covering 42,597 miners and 

8,250 (non-office) contractors. Table 2 

shows summary data for 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 

underground b

Annual revenue (billions) Annual cost 

(millions) Cost per mine 

1–19 ......................................................... 220 2,255 1,952 $0.3 $1.1 $5,200 

20–500 ..................................................... 420 32,852 29,742 10.3 3.4 8,200 

>500 ......................................................... 13 7,490 6,503 3.1 0.2 13,400 

All Mines .................................................. 653 42,597 38,197 13.7 4.8 7,400 

aSize based on total mine employment. 

b Does not include 1,188 office workers or 8,250 (non-office) contractor employees, 4,096 of which work underground. 

C. Costs 

Table 3 shows a summary of the total 

yearly cost of this rule for mine 

operators. MSHA estimates that the rule 

will result in total yearly costs for the 

underground coal mining industry of 

approximately $4.8 million. 

Disaggregated by mine size, yearly costs 

will be $1.1 million (or approximately 

$5,200 per mine) for mine operators 

with fewer than 20 employees; $3.4 

million (or about $8,200 per mine) for 

mine operators with 20–500 employees; 

and $0.2 million (or about $13,400 per 

mine) for mine operators with more 

than 500 employees. All cost estimates 

are presented in 2006 dollars. 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7645 

TABLE 3.—SUMMARY OF TOTAL YEARLY COST OF THE RULE FOR UNDERGROUND COAL MINE OPERATORS

Section 

Mine size Total yearly 

cost 1–19 20–500 501+ 

One Hour from Mine Rescue Station to Mine a ............................................... $559,407 $292,982 $7,000 $859,390 

Mine Rescue Team Training b ......................................................................... 379,967 2,225,222 119,768 2,724,956 

Mine Rescue Contests c .................................................................................. 91,915 552,810 30,037 674,762 

Certification of Mine Rescue Teams d ............................................................. 8,161 15,580 482 24,223 

Responsible Person Training & Certification e ................................................. 95,047 362,906 16,849 474,803 

Total .......................................................................................................... 1,134,497 3,449,500 174,137 4,758,134 

For purposes of the mine rescue team 

final rule, MSHA has broken down total 

compliance costs for mines with 1–36 

employees and mines with 37 or more 

employees. Of the $4.8 million total 

yearly cost of the final rule, 

underground coal mines with 1–36 

employees will incur costs of 

approximately $2.0 million per year and 

underground coal mines with 37 or 

more employees will incur costs of 

approximately $2.8 million per year. 

In addition, the final rule will impose 

costs on State-sponsored mine rescue 

teams. As shown in Table 4, the total 

yearly cost of the final rule for Statesponsored mine rescue teams will be 

about $66,000. Of this, $57,000 will be 

for training and $8,000 will be for 

participation in one local mine rescue 

contests. 

TABLE 4.—SUMMARY OF TOTAL YEARLY COST OF THE FINAL RULE FOR STATE MINE RESCUE TEAMS

Section 

Mine size Total yearly 

cost 1–19 20–500 501+ 

Mine Rescue Team Training a ......................................................................... $24,905 $31,869 $708 $57,482 

Mine Rescue Contests b .................................................................................. 6,466 8,486 159 15,111 

Total .......................................................................................................... 31,371 40,355 867 72,593 

These cost estimates reflect the new 

requirements in the final rule that no 

mine served by a mine rescue team be 

more that one hour ground travel time 

from the mine rescue station with which 

the rescue team is associated. The costs 

are also related to final rule 

requirements that each mine rescue 

team, except for qualified State teams, 

participate in at least two local mine 

rescue contests annually and that teams 

train at the mines serviced by the team. 

To fully address all of the training 

requirements in the MINER Act, mine 

rescue team members must have at least 

96 hours of refresher training annually, 

which can include travel time from the 

mine rescue station to the covered mine 

and up to 16 hours of participation in 

mine rescue contests. MSHA estimates 

that the additional cost attributable to 

training, relative to the proposed rule, is 

approximately $600,000. Also, the final 

rule requires that all underground coal 

mine operators certify that each of the 

mine’s designated rescue teams meet the 

requirements of § 49.50, that the 

operator have a person employed on 

each shift who is knowledgeable in 

mine emergency response, and that the 

responsible person be trained in a 

course prescribed by MSHA’s Office of 

Educational Policy and Development. 

These cost estimates are based on a 

number of assumptions, informed by 

public comments on the proposed rule, 

that MSHA made with respect to 

anticipated industry and State responses 

to the final rule: (1) 28 mine rescue 

stations will be added to the 92 stations 

currently serving underground coal 

mines and 5 mine rescue stations will 

be relocated; (2) an additional 68 mine 

rescue teams will be formed; and (3) 

none of the existing 145 mine rescue 

teams will disband. In addition, 

although MSHA is aware that the 

requirements in the final rule may cause 

States to increase the number of Statesponsored mine rescue teams and 

stations, the Agency assumed no change 

in the existing level of these services in 

response to the final rule. MSHA also 

made various changes to its cost 

estimates in response to public 

comments on the proposed rule. These 

changes are discussed in detail in the 

REA. 

D. Benefits 

The purpose of this 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 designated 

escapeways, intakes, returns, locations 

and types of fire fighting equipment, the 

communication system, mine-wide 

monitoring system, the type of 

transportation equipment used at the 

mine, the location of stored SCSRs, 

lifelines, breathable air, hardened 

rooms, and other emergency response 

equipment or supplies; 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 decisionmaking during an emergency and 

increased confidence in the personnel 

who implement these decisions. 

MSHA has qualitatively determined 

that the final rule will make coal mine 

rescue teams better able to respond to 

emergencies when a quick response by 

rescue teams is vital to miners. The final 


jlentini on PROD1PC65 with RULES2
7646 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

rule will improve overall mine rescue 

service in three areas: 

• It will 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 will 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. A portion of the training must 

be conducted underground. This 

training will enhance the team’s 

knowledge of the underground 

environment and provide firsthand 

experience of the underground mining 

conditions. 

• It will strengthen the requirements 

for knowledge and experience of mine 

rescue team 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 final rule will also increase 

awareness of the mine operator by 

requiring the operator to provide two 

certified mine rescue teams and to have 

a responsible person knowledgeable in 

mine emergency response on each shift. 

The final rule includes criteria for 

certifying mine rescue teams and 

clarifies training requirements for the 

knowledgeable person. 

Team members employed at a mine 

must be knowledgeable in mine gases, 

ventilation, first aid, and other health 

and safety subjects as they apply 

generally and at the covered 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. 

The final rule increases the 40-hour 

annual refresher training requirement to 

96 hours from 64 hours in the proposed 

rule. This additional annual refresher 

training is necessary to fully address all 

of the training requirements in the 

MINER Act and the recommendations of 

the Mine Safety Training and 

Technology Commission. It will allow 

teams to adequately prepare for mine 

rescue team service. The additional 

training enhances teams’ skills in 

interacting with a command center. The 

additional training could include: first 

responder training, communications, 

mine gases, gas detectors, new 

technology, heat stress, and hazard 

training unique to the covered mines. 

Additional skills training may include 

building temporary stoppings and seals, 

using a foam generator underground, 

and using an air lock to rescue 

survivors. Based on the Commission’s 

recommendations and MSHA’s 

experience, this additional training will 

enhance teams’ skills and abilities. In 

addition, MSHA anticipates that the 

additional hours of training will provide 

an incremental increase in safety for 

underground coal miners. 

The final rule also requires mine 

rescue team members to participate in 

two local mine rescue contests each 

year. Mine rescue contests serve a vital 

role in achieving the purpose of the 

MINER Act to improve the safety of 

mines and mining. Historically, they 

have served to assure that mine rescue 

teams are well-trained and capable of 

responding to mine emergencies. They 

provide a practical forum to objectively 

evaluate a team’s skills and abilities. 

The final rule will allow up to 16 hours 

of credit for participation in the two 

required mine rescue contests. 

V. Feasibility 

MSHA has concluded that the 

requirements of the final rule are 

technologically and economically 

feasible. 

A. Technological Feasibility 

This final rule is not a technologyforcing 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 estimates that 

this requirement will necessitate 

additional mine rescue stations and 

mine rescue teams. MSHA has 

concluded that the final rule is 

technologically feasible. 

B. Economic Feasibility 

The total cost of the final rule is 

approximately $4.8 million annually for 

all underground coal mine operators. 

These compliance costs are under one 

percent of the yearly revenues of $13.7 

billion for these underground coal mine 

operators. MSHA concludes that the 

final rule is economically feasible. 

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 final 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 final rule does 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 

REA and in summary form below. 

A. Definition of a Small Mine 

Under the RFA, in analyzing the 

impact of a rule on small entities, 

MSHA must use the Small Business 

Administration’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 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 final rule and 

the impact of the final rule on small 

mines will also be different. 

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. 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 not a 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 

final rule, MSHA has determined that 

the estimated costs are less than one 

percent of the estimated revenues. 

Therefore, MSHA certifies that this final 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7647 

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

Administration, ‘‘Annual Coal Report 2006,’’ Table 

28, October 2007. 

rule does 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 

2006 was $38.28 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 $13.7 

billion. Using the same approach, the 

estimated 2006 underground coal 

revenue by employment size category is 

approximately $0.3 billion for 220 

mines with 1–19 employees, $1.4 billion 

for 399 mines with 1–36 employees, and 

$10.6 billion for 640 mines with 1–500 

employees. 

The final rule results in an average 

yearly cost per underground coal mine 

of $5,157 for mines with 1–19 

employees; $4,908 for mines with 1–36 

employees; and $7,162 for mines with 

1–500 employees. The average yearly 

cost per mine for all underground coal 

mines is $7,287. 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 0.38% of revenues for mines 

with 1–19 employees, 0.14% of 

revenues for mines with 1–36 

employees, and 0.04% of revenues for 

mines with 1–500 employees. The cost 

as a percentage of revenues for all 

underground coal mines will be 

approximately 0.03%. 

When applying MSHA’s and SBA’s 

definition of small entities, the annual 

cost of the final rule for small mines is 

substantially less than one percent of 

their estimated annual revenues. MSHA 

has certified that the final rule does not 

have a significant economic impact on 

a substantial number of small entities 

that are covered by the final rule. 

VII. Paperwork Reduction Act of 1995 

A. Summary 

The mine rescue team final rule 

retains the existing paperwork burden 

requirements and imposes several new 

paperwork burden requirements. Final 

§ 49.16 requires certification of 

inspection and testing of breathing 

apparatus, as well as a record of any 

corrective action taken for breathing 

apparatus. Final § 49.18 requires 

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. Final § 49.50 

contains a new annual paperwork 

requirement for mine operators to 

certify that each designated mine rescue 

team meets the requirements of this 

part. Final § 75.1501 also requires mine 

operators to certify that each responsible 

person has completed the required mine 

emergency response training. 

Overall, the underground coal 

industry will incur approximately 1,387 

paperwork burden hours annually with 

associated paperwork burden costs of 

approximately $61,587. 

MSHA estimates that the final rule 

will require additional mine rescue 

teams and equipment. Existing 

standards require information collection 

for mine rescue teams and equipment. 

MSHA will 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 the Paperwork Section of 

the Regulatory Economic Analysis 

(REA) accompanying this final rule. The 

REA is posted on MSHA’s Web site at 

http://www.msha.gov/REGSINFO.HTM. 

A copy of the REA can be obtained from 

MSHA’s Office of Standards, 

Regulations, and Variances at the 

address provided in the ADDRESSES

section of this preamble. 

B. Procedural Details 

The information collection package 

was submitted to OMB with the 

proposed rule 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. 

Since the proposed rule was 

published, MSHA has not received any 

substantive comments on the paperwork 

collection. 

VIII. Other Regulatory Considerations 

A. The Unfunded Mandates Reform Act 

of 1995 

MSHA has reviewed the final rule 

under the Unfunded Mandates Reform 

Act of 1995 (2 U.S.C. 1501 et seq.). The 

final rule will not increase private sector 

expenditures by more than $100 million 

annually; nor will it significantly or 

uniquely affect small governments. The 

final 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 

changes will not directly affect States or 

their relationships with the national 

government; however, some States 

sponsor mine rescue teams. 

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 agency 

actions on family well-being. MSHA has 

determined that this final rule will 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 final rule will 

not impact family well-being. 

C. Executive Order 12630: Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

This final rule will 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 final rule was written to provide 

a clear legal standard for affected 

conduct and was carefully reviewed to 

eliminate drafting errors and 

ambiguities, so as to minimize litigation 

and undue burden on the Federal court 

system. Accordingly, this final rule 

meets the applicable standards provided 

in Section 3 of E.O. 12988. 

E. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This final rule will have no adverse 

impact on children. Accordingly, E.O. 

13045 requires no further Agency action 

or analysis. 

F. Executive Order 13132: Federalism 

Executive Order (E.O.) 13132 requires 

MSHA to develop an accountability 

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 


jlentini on PROD1PC65 with RULES2
7648 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

responsibilities among the various 

levels of government.’’ The final rule 

places new requirements on 

underground coal mine operators in 

providing and training mine rescue 

teams. These changes will not directly 

affect States or their relationships with 

the Federal government. Although the 

final rule does not directly affect States, 

some States sponsor mine rescue teams. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This final rule does not have ‘‘tribal 

implications,’’ because it will not ‘‘have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes.’’

Accordingly, E.O. 13175 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 final rule 

for its impact on the supply, 

distribution, and use of energy because 

it applies to the underground coal 

mining industry. Because this final rule 

results in yearly costs of approximately 

$4.8 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 will 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. 

I. Executive Order 13272: Proper 

Consideration of Small Entities in 

Agency Rulemaking 

MSHA has thoroughly reviewed the 

final rule to assess and take appropriate 

account of its potential impact on small 

businesses, small governmental 

jurisdictions, and small organizations. 

MSHA has determined and certified that 

the final rule does not have a significant 

economic impact on a substantial 

number of small entities. 

List of Subjects in 30 CFR Parts 49 and 

75 

Education and training, Mine safety 

and health, Reporting and 

recordkeeping requirements. 

Dated: February 1, 2008. 

Richard E. Stickler, 

Acting 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 amends 

chapter I of title 30 of the Code of 

Federal Regulations as follows. 

PART 49—MINE RESCUE TEAMS 

■ 1. The authority citation 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 Subpart B—Optional Form 

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 (MINER) Act of 2006. 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 

each mine covered by the mine rescue team. A portion of 

the training must be conducted underground.

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

Mines; Semiannually at 

Small Mines.

Annually. 

Team 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 each covered mine.

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

Team must include at least two active employees from each 

covered large mine and at least one active employee from 

each covered small mine.

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


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7649 

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) 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 February 8, 2008. 

(d) Each operator shall arrange, in 

advance, ground transportation for 

rescue teams and equipment to the mine 

or mines served. 

(e) The required rescue capability 

shall be present at all existing 

underground mines, upon initial 

excavation of a new underground mine 

entrance, or the re-opening 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 subpart, 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 

subpart. 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 

consistent with statutory requirements. 

For the purposes of this subpart 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: 


jlentini on PROD1PC65 with RULES2
7650 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

(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 chapter) or a soundpowered 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 assure 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 (available at http:// 

www.msha.gov) 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. 

(b) Upon completion of the initial 

training, all team members shall receive 

at least 96 hours of refresher training 

annually, which shall include 

participation in local mine rescue 

contests and training at the covered 

mine. Training shall be given at least 8 

hours every 2 months and shall consist 

of: 

(1) Sessions underground at least once 

each 6 months; 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7651 

(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: 

(1) Completion of an MSHA or State 

approved instructor’s training course 

and the program of instruction in the 

subject matter to be taught. 

(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 re-designated 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. 

(2) Composite team. A mine rescue 

team that covers multiple mines and 

whose members—

(i) Include at least two members from 

each covered large mine and at least one 

member from each covered small mine, 

(ii) Are knowledgeable about the 

operations and ventilation of each 

covered underground coal mine, and 

(iii) Participate in mine rescue 

training at each covered mine at least 

semi-annually. 

(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 each 

covered underground coal mine, and 

(ii) Participate in mine rescue training 

at each covered large mine at least 

quarterly and at each covered small 

mine at least semi-annually. 

(4) State-sponsored team. Members 

who are State employees and participate 

in mine rescue training at each covered 

mine at least annually. 

(c) For the purpose of mine rescue 

team membership, a member employed 

by an operator of multiple mines is 

considered to be an employee of each 

mine at which the member regularly 

works. 

(d) For the purpose of mine rescue 

team training at each covered mine, a 

portion of the training must be 

conducted underground. 

§ 49.30 Requirements for small coal 

mines. 

At mines with 36 or fewer 

underground employees, mine rescue 

team members shall be knowledgeable 

about the operations and ventilation of 

each covered mine. 

§ 49.40 Requirements for large coal mines. 

At mines with more than 36 

underground 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. 

(a) 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 subpart as listed in the following 

Table 49.50–A and Table 49.50–B. 

(b) The operator shall notify the 

District Manager within 60 days of any 

change in team membership. 

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

Qualification Criteria 

(30 CFR) 

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

(2) Except where alternative compliance is permitted, team has five members and one alternate .......................................... 49.12(b) 

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

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

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

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

(7) Members have completed initial training ............................................................................................................................... 49.18(a) 


jlentini on PROD1PC65 with RULES2
7652 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

TABLE 49.50–B.—ANNUAL CRITERIA TO MAINTAIN MINE RESCUE TEAM CERTIFICATION

Qualification Criteria 

(30 CFR) 

(1) Members are properly trained annually ................................................................................................................................. 49.18(b) 

(2) Members are familiar with the operations of each covered mine ......................................................................................... 49.20(a)(1) 

(3) Members participate in at least two local mine rescue contests annually. Judges certify results ....................................... 49.20(a)(2) 

(4) Members participate in mine rescue training at each covered mine .................................................................................... 49.20(b)(1); 

49.20(b)(2)(iii); 

49.20(b)(3)(ii); 

49.20(b)(4) 

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

49.20(b)(3)(i); 

49.30 

§ 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) Has one or more problems 

conducted on one or more days with a 

determined winner; 

(5) 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 simulated mine 

rescue team exercise; and 

(6) Includes contest judges who have 

completed annual training for mine 

rescue contest judges. 

(b) A local mine rescue contest is 

training that provides an objective 

evaluation of demonstrated mine rescue 

team skills and can be a Mine 

Emergency Response Development 

(MERD) exercise or a practical 

simulation exercise, such as a fire or 

explosion drill, where the team 

participates in simulated mine rescue 

team exercises and wears breathing 

apparatus. 

(c) Upon request from the District 

Manager, the operator shall provide 

information concerning each designated 

team’s schedule of participation in 

upcoming local mine rescue contests. 

Appendix to Subpart B—Optional Form 

for Certifying Mine Rescue Teams 

BILLING CODE 4510–43–P 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7653 


jlentini on PROD1PC65 with RULES2ER08FE08.000</GPH>
7654 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 


jlentini on PROD1PC65 with RULES2ER08FE08.001</GPH>
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7655 

PART 75—[AMENDED] 

■ 5. The authority citation for part 75 

continues to read as follows: 

Authority: 30 U.S.C. 811. 

■ 6. 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 inundation. 

(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 a course of 

instruction in mine emergency 

response, as prescribed by MSHA’s 

Office of Educational Policy and 

Development. The course will include 

topics such as the following: 

(i) Organizing a command center; 

(ii) Coordinating firefighting 

personnel; 

(iii) Deploying firefighting equipment; 

(iv) Coordinating 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. 08–551 Filed 2–5–08; 2:40 pm] 

BILLING CODE 4510–43–C 


jlentini on PROD1PC65 with RULES2