53116 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

this amendment effective less than 30 

days after publication. 

The PBGC has determined that this 

action is not a ‘‘significant regulatory 

action’’ under the criteria set forth in 

Executive Order 12866. 

Because no general notice of proposed 

rulemaking is required for this 

amendment, the Regulatory Flexibility 

Act of 1980 does not apply. See 5 U.S.C. 

601(2). 

List of Subjects 

29 CFR Part 4022 

Employee benefit plans, Pension 

insurance, Pensions, Reporting and 

recordkeeping requirements. 

29 CFR Part 4044 

Employee benefit plans, Pension 

insurance, Pensions. 

■ In consideration of the foregoing, 29 

CFR parts 4022 and 4044 are amended 

as follows: 

PART 4022—BENEFITS PAYABLE IN 

TERMINATED SINGLE–EMPLOYER 

PLANS 

■ 1. The authority citation for part 4022 

continues to read as follows: 

Authority: 29 U.S.C. 1302, 1322, 1322b, 

1341(c)(3)(D), and 1344. 

■ 2. In appendix B to part 4022, Rate Set 

180, as set forth below, is added to the 

table. 

Appendix B to Part 4022—Lump Sum 

Interest Rates for PBGC Payments 

* * * * * 

Rate set 

For plans with a 

valuation date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i 1 i 2 i 3 n 1 n 2

* * * * * * * 

180 10–1–08 11–1–08 3.25 4.00 4.00 4.00 7 8 

■ 3. In appendix C to part 4022, Rate Set 

180, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates for Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a 

valuation date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i 1 i 2 i 3 n 1 n 2

* * * * * * * 

180 10–1–08 11–1–08 3.25 4.00 4.00 4.00 7 8 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE–EMPLOYER 

PLANS 

■ 4. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 5. In appendix B to part 4044, a new 

entry for October 2008, as set forth 

below, is added to the table. 

Appendix B to Part 4044—Interest 

Rates Used To Value Benefits 

* * * * * 

For valuation dates occurring in the month— 

The values of i t are: 

i t for t = i t for t = i t for t = 

* * * * * * * 

October 2008 .................................................................... .0618 1–20 .0525 >20 N/A N/A 

Issued in Washington, DC, on this 8th day 

of September 2008. 

Vincent K. Snowbarger, 

Deputy Director for Operations, Pension 

Benefit Guaranty Corporation. 

[FR Doc. E8–21415 Filed 9–12–08; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 49 

RIN 1219–AB56 

Mine Rescue Team Equipment 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Final rule. 

SUMMARY: The final rule amends 

MSHA’s existing standards addressing 

mine rescue team equipment at mine 

rescue stations serving underground 

coal and metal and nonmetal mines. It 

updates the existing standards to reflect 

advances in mine rescue team 

equipment technology to increase safety 

and improve the effectiveness of mine 

rescue teams. 

DATES: This final rule is effective on 

November 14, 2008. 


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Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53117 

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. Subpart A—Mine Rescue Teams for 

Underground Metal and Nonmetal Mines 

B. Subpart B—Mine Rescue Teams for 

Underground Coal Mines 

IV. Regulatory Economic Analysis 

A. Executive Order 12866 

B. Population at Risk 

C. Compliance 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 updates MSHA’s 

existing mine rescue team equipment 

standards for teams serving 

underground metal and nonmetal mines 

(part 49, subpart A, § 49.6) and 

underground coal mines (part 49, 

subpart B, § 49.16). MSHA developed 

this final rule from existing standards, 

Agency experience, and comments and 

testimony during the rulemaking. It is 

critical that mine rescue team members 

be provided with the latest in protective 

equipment so they can safely and 

effectively carry out their mission. 

These changes will increase safety and 

improve the effectiveness of mine 

rescue teams in responding to mine 

emergencies. 

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 at underground coal and 

metal and nonmetal mines (45 FR 

47002; July 11, 1980). On September 6, 

2007, MSHA published the proposed 

rule for Mine Rescue Team Equipment 

(72 FR 51338) to update mine rescue 

team equipment standards for 

underground coal and metal and 

nonmetal mines. MSHA held four 

public 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 for the 

proposed rule from November 9, 2007, 

to November 16, 2007, to allow 

additional time for public review of 

transcripts. 

III. Section-by-Section Analysis 

On February 8, 2008, MSHA 

published a final rule for Mine Rescue 

Teams (73 FR 7636) making certain nonsubstantive organizational changes to 30 

CFR part 49 and designating existing 

standards for underground metal and 

nonmetal mines as Subpart A—Mine 

Rescue Teams for Underground Metal 

and Nonmetal Mines, and existing 

standards for underground coal mines 

as Subpart B—Mine Rescue Teams for 

Underground Coal Mines. 

MSHA requested comment on 

whether an oxygen resuscitator should 

be provided for use by mine rescue 

teams. A commenter stated that it was 

important to include resuscitators as 

standard mine rescue equipment and 

that one of his company’s self-contained 

breathing apparatus (SCBAs) can be 

used as a resuscitator. However, other 

commenters emphasized that states 

have different requirements as to who 

may administer oxygen and that to use 

the oxygen resuscitator safely, personnel 

must have considerable training and 

retraining. When questioned by the 

MSHA panel concerning requirements 

of one particular state, the commenter 

stated that his state had specific 

requirements for use of emergency 

medical service systems and suggested 

that MSHA review the state’s Web site. 

Standard mine rescue practice is to 

have a spare oxygen breathing apparatus 

available for trapped miners during 

search and rescue operations. In 

consideration of the differing state 

requirements, MSHA has decided not to 

require oxygen resuscitators in this final 

rule for these medical devices. Under 

the final rule, mine rescue teams could 

use oxygen resuscitators provided they 

are used in accordance with relevant 

state requirements and team members 

are properly trained. The mine operator 

and mine rescue team should determine 

whether it is appropriate to use an 

oxygen resuscitator. 

A. Subpart A—Mine Rescue Teams for 

Underground Metal and Nonmetal 

Mines 

Section 49.6 Equipment and 

Maintenance Requirements 

1. § 49.6(a)(1) 

The final rule, like the proposal, 

requires mine rescue stations to be 

equipped with 12 self-contained 

breathing apparatus (SCBAs), each 

having a 4-hour capacity rather than a 

2-hour capacity. It updates the existing 

rule to reflect current industry practice. 

The higher capacity SCBAs provide for 

greater team effectiveness and provide a 

greater measure of safety and health for 

miners. The final rule also continues to 

require that the mine rescue station 

have any equipment necessary for 

testing the breathing apparatus and that 

the apparatus be approved by MSHA 

and NIOSH under 42 CFR part 84 

subpart H. The final rule also contains 

non-substantive word changes. MSHA 

received no comments on this proposal. 

2. § 49.6(a)(2) 

The final rule, like the proposal, 

requires that mine rescue stations 

maintain supplies of liquid air, liquid 

oxygen, pressurized oxygen, or oxygen 

generating chemicals, and carbon 

dioxide absorbent chemicals, as 

applicable to the supplied breathing 

apparatus and sufficient to sustain each 

team for 8 hours while using the 

breathing apparatus during rescue 

operations. MSHA received no 

comments on this proposal. 

3. § 49.6(a)(3) 

The final rule, like the proposal, 

requires mine rescue stations to be 

equipped with two extra, fully-charged 

oxygen bottles for every six SCBAs at 

the station. MSHA received a comment 

stating that the existing standard, which 

required one extra fully-charged oxygen 

bottle, was adequate. MSHA continues 

to believe that two extra oxygen bottles 

for every six SCBAs will assure an 

additional reserve of a critical safety 

component for mine rescue teams 


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53118 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

during time-sensitive underground 

rescue or recovery operations. 

4. § 49.6(a)(4), (a)(5), and (a)(9) 

The final rule, like the proposal, 

addresses requirements for oxygen 

pumps, cap lamps, and spare parts and 

tools for repairing breathing apparatus 

and communication systems. MSHA 

received no comments on this proposal. 

5. § 49.6(a)(6) 

The final rule, like the proposal, 

requires mine rescue stations to be 

equipped with four gas detectors 

appropriate for each gas that may be 

encountered at the mines served. In 

addition, like the proposal, detectors 

must be capable of measuring specific 

concentrations of methane, oxygen, and 

carbon dioxide. Like the proposal, the 

final rule leaves the decision as to the 

type of detector to be used to the mine 

operator. 

Commenters stated that it was 

unnecessary to require mine rescue 

stations serving non-gassy metal and 

nonmetal mines to have detectors to 

measure methane. Mine rescue teams 

serving metal and nonmetal mines 

generally would need gas detectors 

capable of measuring oxygen and carbon 

monoxide. 

Underground metal and nonmetal 

mines classified under § 57.22003 as I– 

B, I–C, II–B, IV, V–B, and VI are 

commonly referred to as ‘‘non-gassy’’ 

mines. Existing § 57.22003 provides 

overall parameters and testing 

procedures for categorizing 

underground metal and nonmetal 

mines. Under the final rule, mine rescue 

stations that service these mines, with 

no methane in explosive concentrations, 

would not need detectors to measure 

methane. 

Underground metal and nonmetal 

mines classified in accordance with 

§ 57.22003 as I–A, II–A, III, and V–A are 

capable of producing methane gas in 

explosive concentrations and are 

commonly referred to as ‘‘gassy’’ mines. 

Currently, eight underground M/NM 

mines, classified under § 57.22003 as II– 

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

There are no active underground M/NM 

mines currently classified as I–A. 

Existing regulations in 30 CFR part 57 

subpart T for these four categories of M/ 

NM ‘‘gassy’’ mines require underground 

equipment to be approved, 

examinations for methane to be 

conducted at specified intervals, and the 

use of MSHA-approved monitoring or 

remote sensing devices. Mine rescue 

stations serving these mines must have 

detectors that measure methane in the 

concentration range specified in the 

final rule. 

Some commenters stated that the 

existing requirement for mine rescue 

stations to have two detectors per 

station seemed sufficient. One 

commenter stated that the reason given 

in the proposal by MSHA that detectors 

require time to recharge and be 

calibrated does not take into account all 

brands of detectors. The commenter 

stated that Drae ̈ger detectors have 

replaceable alkaline batteries that could 

easily last the four hours teams might 

need to spend underground in rescue 

and/or recovery activities. However, the 

typical shift for a mine rescue team 

during underground search and rescue 

or recovery operations is eight hours, 

some of which is under oxygen. Shifts 

can last beyond eight hours under 

special circumstances (e.g., availability 

of transportation, type of work required, 

and availability of change-out teams). 

Gas detectors used underground by 

mine rescue teams are cycled through 

work shifts. After detectors have been 

used, they need to be cleaned, 

recharged, and sometimes recalibrated, 

so they can be used for the next shift. 

Mine rescue teams cannot go 

underground without the required gasmeasuring instrumentation and, in timesensitive emergencies, cannot wait for 

instruments to be recharged, cleaned, or 

recalibrated. Having four detectors, two 

per team, will allow teams to continue 

their rescue/recovery activities without 

having to be delayed. This requirement 

will also provide the team with a 

backup device underground in the event 

of an equipment failure. 

Like the proposal, the final rule 

requires that detectors must be able to 

measure methane concentrations from 0 

percent to 100 percent of volume and 

oxygen from 0 percent to at least 20 

percent of volume. In response to 

comments, the final rule requires that 

detectors measure carbon monoxide 

from 0 ppm to at least 9,999 ppm. The 

proposal required that the detector 

measure to at least 10,000 ppm. A 

commenter stated that a multi-gas 

detector that measures carbon monoxide 

from 0 ppm to at least 9,999 ppm will 

soon be available and will be smaller 

and easier to carry than current 

versions, and that MSHA should permit 

this detector to be used. The final rule 

requires detectors to 9,999 ppm since 

this is essentially equivalent to 10,000 

ppm. 

Some commenters stated their 

preference to continue the longstanding 

practice of using electronic oxygen and 

carbon monoxide testers in conjunction 

with a bellows pump gas tube tester. 

One commenter asked whether the 

proposed rule would prohibit the 

bellows pump detector. Under the 

proposal, MSHA did not intend to 

prohibit the bellows pump with gas tube 

detectors. However, if used, they must 

be capable of measuring the required 

gases within the ranges specified in the 

final rule. MSHA encourages the use of 

electronic gas detectors. These types of 

detectors are more accurate than gas 

tube-type detectors, and are available in 

the ranges required by the final rule. 

6. § 49.6(a)(7) Reserved 

The final rule, like the proposal, 

deletes the existing provision which 

required mine rescue stations to be 

provided with two oxygen indicators or 

flame safety lamps, since this 

equipment is technologically obsolete. 

MSHA received no comments on this 

proposal. 

7. § 49.6(a)(8) 

The final rule, like the proposal, 

makes organizational changes to the 

existing standard on communication 

systems. MSHA received no comment 

on this proposal. 

8. § 49.6(b) 

The final rule, like the proposal, 

requires that mine rescue team 

equipment be maintained to ensure 

readiness for immediate use. The final 

rule renumbers existing provisions, but 

makes no substantive changes. MSHA 

received no comments on this proposal. 

B. Subpart B—Mine Rescue Teams for 

Underground Coal Mines 

Section 49.16 Equipment and 

Maintenance Requirements 

1. § 49.16(a) 

The final rule, like the proposal, 

requires mine rescue stations to be 

equipped with certain equipment. It 

allows mine rescue stations serving 

certain underground anthracite coal 

mines to have the type and amount of 

equipment that would be appropriate 

for the number of their mine rescue 

team members. 

As a result of granted petitions for 

modification, mine rescue teams for 

underground anthracite coal mines that 

have no electrical equipment at the face 

or working section are composed of 

three members with one alternate to 

serve both teams. Given these smaller 

teams, anthracite operators submitted 

petitions for modification requesting 

that their mine rescue stations be 

allowed to maintain eight SCBAs, eight 

cap lamps, and a charging station, rather 

than 12 of each as required by existing 

§§ 49.6(a)(1) and (a)(5). MSHA 

investigated each petition and made the 

following finding: 


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Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53119 

MSHA’s investigation found that reducing 

the quantity of equipment required to be 

purchased and maintained at the anthracite 

mine rescue station to a quantity consistent 

with the requirements of granted 

modifications currently in effect, which 

allow anthracite mines to be covered by two 

mine rescue teams of three members each 

and an alternate, will provide the same 

measure of protection to the miners. 

On the basis of those investigations, 

MSHA granted these petitions for 

modification of existing §§ 49.6(a)(1) 

and (a)(5). Currently, 11 underground 

anthracite coal mines operate under this 

approved alternative method. The 

reduced number of SCBAs and cap 

lamps would provide sufficient 

equipment for teams serving these 

anthracite coal mines. MSHA received 

no comments on this proposal. 

2. § 49.16(a)(1) 

The final rule, like the proposal, 

requires mine rescue stations to be 

equipped with 12 SCBAs, each with a 

minimum 4-hour capacity, rather than a 

2-hour capacity. It updates the existing 

rule to reflect current industry practice. 

The higher capacity SCBAs provide for 

greater team effectiveness and provide a 

greater measure of safety and health for 

miners. The final rule also continues to 

require that the mine rescue station 

have any equipment necessary for 

testing the breathing apparatus and that 

the apparatus be approved by MSHA 

and NIOSH under 42 CFR part 84 

subpart H. The final rule also contains 

non-substantive word changes. MSHA 

received no comments on this proposal. 

3. § 49.16(a)(2) 

The final rule, like the proposal, 

requires that mine rescue stations 

maintain supplies of liquid air, liquid 

oxygen, pressurized oxygen, or oxygen 

generating chemicals, and carbon 

dioxide absorbent chemicals, as 

applicable to the supplied breathing 

apparatus and sufficient to sustain each 

team for eight hours while using the 

breathing apparatus during rescue 

operations. MSHA received no 

comments on this proposal. 

4. § 49.16(a)(3) 

The final rule, like the proposal, 

requires mine rescue stations to be 

equipped with two extra, fully-charged, 

oxygen bottles for every six SCBAs at 

the station. The existing standard 

required one extra, fully-charged, 

oxygen bottle for every six SCBAs. 

MSHA received a comment stating 

that the existing standard, which 

required one extra fully charged oxygen 

bottle, was adequate. MSHA continues 

to believe that two extra oxygen bottles 

for every six SCBAs will assure an 

additional reserve of a critical safety 

component for mine rescue teams 

during time-sensitive underground 

rescue or recovery operations. 

5. §§ 49.16(a)(4), (a)(5), and (a)(9) 

The final rule, like the proposal, 

addresses requirements for oxygen 

pumps, cap lamps, and spare parts and 

tools for repairing breathing apparatus 

and communication systems. MSHA 

received no comment on this proposal. 

6. § 49.16(a)(6) 

The final rule, like the proposal, 

requires mine rescue stations to be 

equipped with four gas detectors 

appropriate for each gas that may be 

encountered at the mines served. In 

addition, like the proposal, detectors 

must be capable of measuring specific 

concentrations of methane, oxygen, and 

carbon dioxide. Like the proposal, the 

final rule leaves the decision as to the 

type of detector to be used to the mine 

operator. 

Some commenters stated that the 

existing requirement for mine rescue 

stations to have two detectors per 

station seemed sufficient. One 

commenter stated that the reason given 

in the proposal by MSHA that detectors 

require time to recharge and be 

calibrated does not take into account all 

brands of detectors. The commenter 

stated Drae ̈ger detectors have 

replaceable alkaline batteries that could 

easily last the four hours teams might 

need to spend underground in rescue 

and/or recovery activities. However, the 

typical shift for a mine rescue team 

during underground search and rescue 

or recovery operations is eight hours, 

some of which is under oxygen. Shifts 

can last beyond eight hours under 

special circumstances (e.g., availability 

of transportation, type of work required, 

and availability of change-out teams). 

Gas detectors used underground by 

mine rescue teams are cycled through 

work shifts. After detectors have been 

used, they need to be cleaned, 

recharged, and sometimes re-calibrated, 

so they can be used for the next shift. 

Mine rescue teams cannot go 

underground without the required gasmeasuring instrumentation and, in timesensitive emergencies, cannot wait for 

instruments to be recharged, cleaned, or 

recalibrated. Having four detectors, two 

per team, will allow teams to continue 

their rescue/recovery activities without 

having to be delayed. This requirement 

will also provide the team with a 

backup device underground in the event 

of an equipment failure. 

Like the proposal, the final rule 

requires that detectors must be able to 

measure methane concentrations from 0 

percent to 100 percent of volume and 

oxygen from 0 percent to at least 20 

percent of volume. In response to 

comments, the final rule requires that 

detectors measure carbon monoxide 

from 0 ppm to at least 9,999 ppm. The 

proposal required that the detector 

measure to at least 10,000 ppm. A 

commenter stated that multi-gas 

detectors that measure carbon monoxide 

from 0 ppm to at least 9,999 ppm will 

soon be available, and will be smaller 

and easier to carry than current 

versions, and that MSHA should permit 

this detector to be used. The final rule 

requires detectors to 9,999 ppm since 

this is essentially equivalent to 10,000 

ppm. 

Some commenters stated their 

preference to continue the longstanding 

practice of using electronic oxygen and 

carbon monoxide testers in conjunction 

with a bellows pump gas tube tester. 

One commenter asked whether the 

proposed rule would prohibit the 

bellows pump detector. Under the 

proposal, MSHA did not intend to 

prohibit the bellows pump with gas tube 

detectors. However, if these devices are 

used, they must be capable of measuring 

the required gases within the ranges 

specified in the final rule. MSHA 

encourages the use of electronic gas 

detectors. These types of detectors are 

more accurate than gas tube-type 

detectors, and are available in the ranges 

required by the final rule. 

7. § 49.16(a)(7) Reserved 

The final rule, like the proposal, 

deletes the existing provision that mine 

rescue stations be provided with two 

oxygen indicators or flame safety lamps 

since this equipment is technologically 

obsolete. MSHA received no comment 

on this proposal. 

8. § 49.16(a)(8) 

The final rule, like the proposal, 

requires that mine rescue team 

equipment include a communication 

system. One commenter suggested that 

MSHA allow handheld permissible 

radios to satisfy the requirement. In 

support of this suggestion, the 

commenter stated that these radios are 

the best technology, and have been used 

by the commenter exclusively in mine 

emergencies and underground training 

for the past five years. Mine rescue 

teams may use a wireless 

communication system or a wired 

system provided the system is approved 

under Part 23 of this title. 

9. § 49.16(b) 

The final rule, like the proposal, 

requires that mine rescue team 

equipment be maintained to ensure 


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53120 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

readiness for immediate use. MSHA 

received no comments on this proposal. 

IV. Regulatory Economic Analysis 

A. Executive Order 12866 

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

51735), as amended by E.O. 13258 (67 

FR 9385), requires that regulatory 

agencies assess both the costs and 

benefits of regulations. E.O. 12866 

classifies a rule as a significant 

regulatory action requiring review by 

the Office of Management and Budget if, 

among other things, it has an annual 

effect on the economy of $100 million 

or more; creates a serious inconsistency 

or interferes with an action of another 

agency; materially alters the budgetary 

impact of entitlements or the rights of 

entitlement recipients; or raises novel 

legal or policy issues. MSHA has 

determined that the 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 

E.O. 12866 because it raises novel legal 

or policy issues. 

B. Population at Risk 

Based on data for 2007, the final rule 

applies to 613 underground coal mines 

and 233 underground metal and 

nonmetal mines with miners working 

underground. It covers 42,176 coal 

miners, 15,223 metal and nonmetal 

miners, and 8,139 coal and metal and 

nonmetal (non-office) contractors 

working underground in these mines. 

C. Compliance Costs 

MSHA estimates that the total yearly 

cost of the final rule is approximately 

$812,000. MSHA estimates that the 

costs are allocated as follows: 

approximately $452,000 for coal 

operators, approximately $250,000 for 

metal and nonmetal operators, and 

approximately $110,000 for State and 

local governments. Government-owned 

mine rescue stations serving 

underground coal mines include 20 

State, one county, and two public 

colleges. Government-owned mine 

rescue stations serving underground 

metal and nonmetal mines include one 

Federal and 13 State. Some of the mine 

rescue stations serving underground 

coal mines also serve underground 

metal and nonmetal mines. 

Final § 49.16(a) requires that mine 

rescue stations serving underground 

anthracite coal mines, which 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. These anthracite coal mines 

typically have fewer mine rescue team 

members. This standard allows mine 

rescue stations associated with mine 

rescue teams having a reduced number 

of members to maintain fewer SCBAs, 

cap lamps, and charging racks than 

required under §§ 49.16(a)(1) and (a)(5) 

for other coal mine rescue stations. 

Because granted petitions for 

modification already permit these 

anthracite coal mines to have equipment 

appropriate for the number of mine 

rescue team members, MSHA estimates 

that, for anthracite mines, there will be 

no change in costs for this provision. 

Final §§ 49.6(a)(1) and 49.16(a)(1) 

require that mine rescue stations serving 

underground metal and nonmetal and 

coal mines be equipped with 12 SCBAs, 

each with a minimum 4-hour capacity, 

and associated testing equipment. 

Because MSHA has determined that all 

mine rescue stations serving metal and 

nonmetal and coal mines are already 

equipped with MSHA and NIOSH 

approved 4-hour SCBAs and associated 

testing equipment, the Agency estimates 

that there are no costs associated with 

this requirement. 

Final §§ 49.6(a)(2) and 49.16(a)(2) 

require that mine rescue stations serving 

underground coal and metal and 

nonmetal mines increase their supply of 

liquid air, liquid oxygen, pressurized 

oxygen, or oxygen generating chemicals 

and carbon dioxide absorbent chemicals 

from six hours to eight hours for each 

team. Based on MSHA’s knowledge and 

experience, these supplies are 

purchased in bulk, and the final rule 

would only cause mine operators to 

restock these supplies slightly more 

frequently. MSHA estimates that the 

associated cost would be negligible. 

Under the final rule, mine operators 

must stock an extra two hours of liquid 

oxygen, pressurized oxygen, or oxygen 

generating chemicals and carbon 

dioxide absorbent chemicals; they do 

not have to use them in training. 

Final §§ 49.6(a)(3) and 49.16(a)(3) 

require that two additional fullycharged oxygen bottles be provided for 

every six self-contained breathing 

apparatus. The existing standard 

required one extra, fully-charged oxygen 

bottle for every six self-contained 

breathing apparatus. To meet the final 

requirements, MSHA estimates that one 

additional oxygen bottle will have to be 

purchased for each mine rescue station. 

MSHA estimates that the cost for one 

oxygen bottle is $1,615, to which MSHA 

has applied an annualization factor of 

0.11 to reflect a 7 percent discount rate 

applied over 15 years. The resulting 

annualized cost is $178 for each mine 

rescue station. There are 92 existing 

mine rescue stations serving 

underground coal mines and a total of 

65 mine rescue stations serving metal 

and nonmetal mines. In the Agency’s 

final rule for Mine Rescue Teams (73 FR 

7635, February 8, 2008), MSHA 

estimated that the underground coal 

mining industry will need to create 28 

additional stations, for a total of 120 

mine rescue stations. MSHA estimates 

that the yearly cost of this final 

requirement is $11,570 for mine rescue 

stations serving underground metal and 

nonmetal mines, and $21,360 for mine 

rescue stations serving underground 

coal mines. 

Final §§ 49.6(a)(6) and 49.16(a)(6) 

require mine rescue stations serving 

underground metal and nonmetal mines 

and underground coal mines to have 

four gas detectors appropriate for each 

type of gas that may be encountered at 

the mines served. Gas detectors must 

measure concentrations of methane 

from 0.0 percent to 100 percent of 

volume, oxygen from 0.0 percent to at 

least 20 percent of volume, and carbon 

monoxide from 0.0 parts per million to 

at least 9,999 parts per million. Oxygen 

is present in all underground metal and 

nonmetal mines, and carbon monoxide 

can be found in the vast majority of 

underground metal and nonmetal 

mines. Other gases can also be found in 

underground metal and nonmetal 

mines. Methane, oxygen, and carbon 

monoxide and other gases can be found 

in underground coal mines. 

To estimate the incremental costs for 

gas detectors under this final rule, 

MSHA compared the cost for gas 

detectors under the final rule to the 

baseline cost for gas detectors under the 

existing rule. Either single-gas or multigas detectors may be used under the 

existing and final rules, but for costing 

purposes MSHA assumed that multi-gas 

detectors are being and will be used. In 

addition, in response to comments, 

MSHA increased costs from the 

proposal to cover maintenance and 

calibration. 

Under the existing rule, each mine 

rescue station is required to have two 

gas detectors appropriate for each type 

of gas that may be encountered at the 

mines served. Mine rescue stations 

currently have multi-gas detectors that 

comply with the existing rule, and these 

detectors would have to be replaced 

over time. MSHA assumed a 

replacement cost of $2,000 for each 

multi-gas detector required under the 

existing rule. MSHA also assumed that 

the existing calibration kit for each mine 

rescue station would not need to be 

replaced. MSHA estimates that the 


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essential accessories for a multi-gas 

detector include a charging module, a 

battery pack, a protective case, and a 

remote sampling pump at a cost of $862. 

The total estimated baseline cost for for 

a multi-gas detector and essential 

accessories is $2,862. These baseline 

costs are subject to an annualization 

factor of 0.244 to reflect a 7 percent 

discount rate and a service life of 5 

years. MSHA further assumed that 

replacement of a multi-gas detector and 

essential accessories under the existing 

rule would have occurred in 

approximately three years. Therefore, 

these baseline costs were discounted by 

three years using a 7 percent discount 

rate. The estimated annualized cost for 

the replacement of a multi-gas detector 

and essential accessories is $569. 

In addition, MSHA estimated a 

baseline cost of $712 for annual 

maintenance and calibration for each 

multi-gas detector. MSHA assumed that 

annual maintenance and calibration 

would have continued each following 

year and, therefore, annual maintenance 

baseline costs were discounted by one 

year using a 7 percent discount rate. The 

discounted baseline cost for annual 

maintenance and calibration for a multigas detector is estimated to be $666. 

The total estimated yearly baseline 

cost to replace a multi-gas detector and 

essential accessories and to maintain 

and calibrate the multi-gas detector 

under the existing rule is $1,235 a year. 

Because each mine rescue station is 

required to have two gas detectors under 

the existing rule, the total baseline cost 

for two multi-gas detectors is $2,470 for 

each mine rescue station. 

Under the final rule, MSHA estimates 

that all mine rescue stations will be 

equipped with four multi-gas detectors 

appropriate for each type of gas that 

may be encountered at the mines 

served. MSHA also estimates that all 

mine rescue stations will be equipped 

with essential accessories for each 

multi-gas detector and that each mine 

will be equipped with one calibration 

kit. In response to comments, MSHA 

increased the cost for each multi-gas 

detector from $2,000 under the proposal 

to $3,000 under this final rule. MSHA 

estimates that the cost of essential 

accessories for a multi-gas detector is 

$862 and that a calibration kit costs 

approximately $268. The estimated cost 

for four multi-gas detectors, four 

essential accessories, and one 

calibration kit is $15,716. These costs 

are all subject to an annualization factor 

of 0.244 to reflect a 7 percent discount 

rate and a service life of 5 years. The 

annualized cost to purchase the four 

multi-gas detectors, four essential 

accessories, and one calibration kit 

under this final rule is $3,835 for each 

mine rescue station. In addition, MSHA 

estimates that the annual maintenance 

and calibration cost for a multi-gas 

detector is approximately $712, for a 

total of $2,848 for four multi-gas 

detectors. The total estimated yearly 

cost to purchase four multi-gas 

detectors, four essential accessories, and 

a calibration kit, and to maintain and 

calibrate the four multi-gas detectors is 

$6,683. 

MSHA estimates that the incremental 

yearly cost of the gas detectors is $4,213 

($6,683 minus the baseline cost of 

$2,470) for each mine rescue station, 

and a total of $273,845 for the 65 mine 

rescue stations serving underground 

metal and nonmetal mines, and 

$505,580 for the 120 mine rescue 

stations serving underground coal 

mines. 

MSHA has not associated any costs 

with the existing requirements for mine 

rescue stations to be equipped with 

either two oxygen indicators or two 

flame safety lamps, since they reflect 

obsolete technology. MSHA believes 

that most mine operators have already 

replaced flame safety lamps and oxygen 

indicators with new, more accurate 

technologically advanced devices. 

Table I summarizes the estimated 

total cost of this rule. In response to 

comments, MSHA has estimated 

separate costs for mine rescue stations 

serving underground coal mines and 

underground metal and nonmetal mines 

of $526,920 and $285,415, respectively. 

TABLE I—ESTIMATED TOTAL YEARLY COST OF THE FINAL RULE

Mine size Number of mine 

rescue stations 

Annualized cost 

per mine rescue 

station for one 

oxygen bottle 

Annualized 

incremental cost 

per mine rescue 

station for gas 

detectors under 

final rule 

Total yearly cost 

Mine Rescue Stations Serving Underground Coal Mines 

1–19 ......................................................................................... 19 $178 $4,213 $83,429 

20–500 ..................................................................................... 71 178 4,213 311,761 

501+ ......................................................................................... 13 178 4,213 57,083 

Government ............................................................................. 17 178 4,213 74,647 

Total .................................................................................. 120 .............................. .............................. 526,920 

Mine Rescue Stations Serving Underground Metal and Non-Metal Mines 

1–19 ......................................................................................... 2 $178 $4,213 $8,782 

20–500 ..................................................................................... 50 178 4,213 219,550 

501+ ......................................................................................... 5 178 4,213 21,955 

Government ............................................................................. 8 178 4,213 35,128 

Total .................................................................................. 65 .............................. .............................. 285,415 

D. Benefits 

The requirements in this rule will 

improve and enhance equipment for 

mine rescue teams who must respond, 

for rescue and recovery, to an 

emergency at an underground mine. 

Mine operators often rely on mine 

rescue teams to save miners during an 

underground emergency, such as an 

explosion, fire, roof fall, or water 

inundation. Mine rescue team members 

often put themselves in danger to save 

miners injured or trapped underground 

as the result of these events, and to 

recover miners who can’t be rescued. To 

help them to conduct mine rescue and 

recovery activities safely and effectively, 

mine rescue teams must be provided 


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with up-to-date mine rescue equipment. 

In an emergency, a properly equipped 

mine rescue team could mean the 

difference between life and death. 

V. Feasibility 

MSHA has concluded that the 

requirements of the final rule are 

technologically and economically 

feasible. 

A. Technological Feasibility 

This final rule is technologically 

feasible because all mine rescue team 

equipment required in this rule is 

available and in use in many 

underground mines. 

B. Economic Feasibility 

Due to a total cost of approximately 

$812,000 for this rule, MSHA concludes 

that the rule is economically feasible. 

VI. Regulatory Flexibility Act and 

Small Business Regulatory Enforcement 

Fairness Act 

In accordance with 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 Counsel for Advocacy, Small 

Business Administration (SBA), and 

made the certification under section 

605(b) of the Regulatory Flexibility Act 

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 below. 

A. Definition of a Small Mine 

Under the RFA, in analyzing the 

impact of a rule on small entities, 

MSHA must use the SBA definition for 

a small entity or, after consultation with 

the SBA Office of Advocacy, establish 

an alternative definition for the mining 

industry by publishing that definition in 

the Federal Register for notice and 

comment. MSHA has not taken such an 

action and, thus, is required to use the 

SBA definition. The SBA defines a 

small entity in the mining industry as 

an establishment with 500 or fewer 

employees. 

MSHA has also examined the impacts 

of this rule on underground coal and 

metal and nonmetal 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. 

B. Factual Basis for Certification 

MSHA initially evaluates the 

economic impact of a rule on ‘‘small 

entities’’ by comparing the estimated 

cost of the rule for small entities to their 

estimated revenue. When the estimated 

cost is less than one percent of 

estimated revenue 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. Due to the costs of this final 

rule, MSHA certifies that it does not 

have a significant economic impact on 

a substantial number of small entities. 

VII. Paperwork Reduction Act of 1995 

The final rule, like the existing rule, 

requires certification of inspection, 

testing, and any corrective action taken 

for breathing apparatus. MSHA 

estimates that any additional paperwork 

burden due to the requirements in the 

final rule is de minimis and, therefore, 

has not included an additional 

paperwork burden. 

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 increase expenditures 

minimally by State, local, or tribal 

governments, because it requires certain 

new equipment for mine rescue stations. 

These changes will not directly affect 

States or their relationships with the 

national government; however, some 

States sponsor or equip mine rescue 

stations. 

B. The Treasury and General 

Government Appropriations Act of 

1999: Assessment of Federal 

Regulations and Policies on Families 

This final rule will have no affect on 

family well-being or stability, marital 

commitment, parental rights or 

authority, or income or poverty of 

families and children. Accordingly, 

Section 654 of the Treasury and General 

Government Appropriations Act of 1999 

(5 U.S.C. 601 note) requires no further 

Agency action, analysis, or assessment. 

C. Executive Order 12630: Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

This final rule would not implement 

a policy with takings implications. 

Accordingly, E.O. 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights, requires no further Agency 

action or analysis. 

D. Executive Order 12988: Civil Justice 

Reform 

This final rule was written to provide 

a clear legal standard for affected 

conduct and was carefully reviewed to 

eliminate drafting errors and 

ambiguities, so as to minimize litigation 

and undue burden on the Federal court 

system. Accordingly, this final rule 

meets the applicable standards provided 

in section 3 of E.O. 12988, Civil Justice 

Reform. 

E. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This final rule would have no adverse 

impact on children. Accordingly, E.O. 

13045, Protection of Children from 

Environmental Health Risks and Safety 

Risks, as amended by E.O. 13229 and 

13296, requires no further Agency 

action or analysis. 

F. Executive Order 13132: Federalism 

Executive Order (E.O.) 13132 requires 

MSHA to develop an accountable 

process to ensure a meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that have ‘‘federalism 

implications.’’ Policies that have 

federalism implications are defined as 

having ‘‘substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government.’’ The final rule 

places new equipment requirements on 

mine operators and States that provide 

mine rescue stations. 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 or equip mine rescue 

stations. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This final rule would not have ‘‘tribal 

implications’’ because it does not ‘‘have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes.’’ 

Accordingly, E.O. 13175, Consultation 

and Coordination with Indian Tribal 


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Governments, requires no further 

Agency action or analysis. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This final rule has been reviewed for 

its impact on the supply, distribution, 

and use of energy because it applies to 

the underground coal mining sector. 

Insofar as this final rule results in yearly 

costs of approximately $0.5 million to 

the underground coal mining industry, 

relative to annual revenues of $14.1 

billion in 2007, 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 * * * (including a shortfall in 

supply, price increases, and increased 

use of foreign supplies).’’ Accordingly, 

E.O. 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use, 

requires no further Agency action or 

analysis. 

I. Executive Order 13272: Proper 

Consideration of Small Entities in 

Agency Rulemaking 

MSHA has 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 Part 49 

Coal mines, Emergency equipment 

and maintenance, Emergency response 

services, Metal mines, Mine safety and 

health, Nonmetal mines, Underground 

mining. 

Dated: September 9, 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 is 

amending chapter I of title 30 of the 

Code of Federal Regulations as follows: 

PART 49—MINE RESCUE TEAMS 

■ 1. The authority for part 49 continues 

to read as follows: 

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

■ 2. Revise § 49.6 to read as follows: 

§ 49.6 Equipment and maintenance 

requirements. 

(a) Each mine rescue station shall be 

provided with at least the following 

equipment: 

(1) Twelve self-contained breathing 

apparatus, each with a minimum of 4 

hours capacity (approved by MSHA and 

NIOSH under 42 CFR Part 84, Subpart 

H), and any necessary equipment for 

testing such breathing apparatus; 

(2) A portable supply of liquid air, 

liquid oxygen, pressurized oxygen, or 

oxygen generating chemicals, and 

carbon dioxide absorbent chemicals, 

applicable to the supplied breathing 

apparatus and sufficient to sustain each 

team for eight hours while using the 

breathing apparatus during rescue 

operations. 

(3) Two extra, fully-charged oxygen 

bottles for every six self-contained 

breathing apparatus; 

(4) One oxygen pump or a cascading 

system, compatible with the supplied 

breathing apparatus; 

(5) Twelve permissible cap lamps and 

a charging rack; 

(6) Four gas detectors appropriate for 

each type of gas that may be 

encountered at the mines served. Gas 

detectors must measure concentrations 

of methane from 0.0 percent to 100 

percent of volume, oxygen from 0.0 

percent to at least 20 percent of volume, 

and carbon monoxide from 0.0 parts per 

million to at least 9,999 parts per 

million. 

(7) [Reserved]. 

(8) One portable mine rescue 

communication system (approved under 

part 23 of this title) or a sound-powered 

communication system. 

(i) The wires or cable to the 

communication system shall be of 

sufficient tensile strength to be used as 

a manual communication system. 

(ii) These communication systems 

shall be at least 1,000 feet in length. 

(9) Necessary spare parts and tools for 

repairing the breathing apparatus and 

communication system. 

(b) Mine rescue apparatus and 

equipment shall be maintained in a 

manner that will ensure readiness for 

immediate use. 

(1) A person trained in the use and 

care of breathing apparatus shall inspect 

and test the apparatus at intervals not 

exceeding 30 days and shall certify by 

signature and date that the inspections 

and tests were done. 

(2) When the inspection indicates that 

a corrective action is necessary, the 

corrective action shall be made and the 

person shall record the corrective action 

taken. 

(3) The certification and the record of 

corrective action shall be maintained at 

the mine rescue station for a period of 

one year and made available on request 

to an authorized representative of the 

Secretary. 

■ 3. Revise § 49.16 to read as follows: 

§ 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 breathing 

apparatus, each with a minimum of 4 

hours capacity (approved by MSHA and 

NIOSH under 42 CFR part 84, subpart 

H), and any necessary equipment for 

testing such breathing apparatus. 

(2) A portable supply of liquid air, 

liquid oxygen, pressurized oxygen, or 

oxygen generating chemicals, and 

carbon dioxide absorbent chemicals, as 

applicable to the supplied breathing 

apparatus and sufficient to sustain each 

team for 8 hours while using the 

breathing apparatus during rescue 

operations. 

(3) Two extra, fully-charged oxygen 

bottles for every six self-contained 

breathing apparatus. 

(4) One oxygen pump or a cascading 

system, compatible with the supplied 

breathing apparatus. 

(5) Twelve permissible cap lamps and 

a charging rack. 

(6) Four gas detectors appropriate for 

each type of gas that may be 

encountered at the mines served. Gas 

detectors must measure concentrations 

of methane from 0.0 percent to 100 

percent of volume, oxygen from 0.0 

percent to at least 20 percent of volume, 

and carbon monoxide from 0.0 parts per 

million to at least 9,999 parts per 

million. 

(7) [Reserved]. 

(8) One portable mine rescue 

communication system (approved under 

part 23 of this title) or a sound-powered 

communication system. 

(i) The wires or cable to the 

communication system shall be of 

sufficient tensile strength to be used as 

a manual communication system. 

(ii) These communication systems 

shall be at least 1,000 feet in length. 

(9) Necessary spare parts and tools for 

repairing the breathing apparatus and 

communication system. 

(b) Mine rescue apparatus and 

equipment shall be maintained in a 

manner that will ensure readiness for 

immediate use. 

(1) A person trained in the use and 

care of breathing apparatus shall inspect 


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and test the apparatus at intervals not 

exceeding 30 days and shall certify by 

signature and date that the inspections 

and tests were done. 

(2) When the inspection indicates that 

a corrective action is necessary, the 

corrective action shall be made and the 

person shall record the corrective action 

taken. 

(3) The certification and the record of 

corrective action shall be maintained at 

the mine rescue station for a period of 

1 year and made available on request to 

an authorized representative of the 

Secretary. 

[FR Doc. E8–21449 Filed 9–12–08; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 75 

RIN 1219–AB40 

Fire Extinguishers in Underground 

Coal Mines 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Final rule. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) is revising the 

existing standard for the quantity and 

location of firefighting equipment in 

underground coal mines to assure that 

it is readily available to quickly 

extinguish a fire. In lieu of the existing 

requirements for rock dust and other 

firefighting equipment, this final rule 

allows the use of portable fire 

extinguishers in working sections of 

underground anthracite coal mines that 

have no electrical equipment at the 

working section and produce less than 

300 tons of coal per shift. The rule also 

requires an additional fire extinguisher 

in lieu of rock dust at temporary 

electrical installations in all 

underground coal mines. 

DATES: This rule is effective October 15, 

2008. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The existing safety standards are 

designed to assure that firefighting 

equipment is readily available to 

quickly extinguish a fire and prevent its 

spread. Because of the explosive nature 

of coal dust and the possible presence 

of methane gas, there is great potential 

for a fire to spread to other areas of the 

underground coal mine. Historical 

records demonstrate that the 

consequences of a fire in an 

underground coal mine can be 

disastrous. 

II. Background 

The Bureau of Mines in the U.S. 

Department of the Interior (Bureau) 

promulgated and enforced fire 

protection standards under the Federal 

Coal Mine Safety Act (30 U.S.C. 451– 

483). These standards continued in 

effect under the Federal Coal Mine 

Health and Safety Act of 1969 (Coal Act) 

through a transfer provision in the law. 

On November 20, 1970 (35 FR 17890), 

the Bureau revised its standards 

addressing fire protection in 

underground coal mines. The revised 

standards continued in effect under the 

Federal Mine Safety and Health Act of 

1977 (Mine Act) through a transfer 

provision in the Mine Act when the 

enforcement of mine safety and health 

was moved from the Department of the 

Interior to the Department of Labor. The 

standard addressed in this rule has not 

changed since that time. 

MSHA published a proposed rule (72 

FR 72301) on December 20, 2007, to 

allow the use of an additional fire 

extinguisher in lieu of rock dust in the 

working sections of underground 

anthracite mines. The proposal also 

would have required the use of an 

additional fire extinguisher in lieu of 

rock dust at temporary electrical 

installations in an underground coal 

mine. MSHA received no comments on 

the proposal and, therefore, is 

publishing the final rule without 

change. 

A. Petition for Modification of a 

Mandatory Safety Standard 

Section 101(c) of the Mine Act allows 

a mine operator or the representative of 

miners to petition MSHA for a 

modification of an existing safety 

standard. After investigating each 

petition, MSHA may grant a 

modification of a safety standard when 

MSHA determines that— 

• The alternative method for 

achieving the desired result will at all 

times guarantee no less than the same 

measure of protection as the existing 

standard, or 

• The application of the existing 

standard will result in a diminution of 

safety to miners at that mine. 

Underground anthracite coal mine 

operators have filed petitions for 

modification to use portable fire 

extinguishers in lieu of rock dust and 

other firefighting equipment in the 

working sections of mines that produce 

less than 300 tons of coal per shift and 

use no electrical equipment at the face. 

Also, many underground coal mine 

operators have filed petitions for 

modification to use portable fire 

extinguishers in lieu of rock dust at 

temporary electrical installations. This 

final rule eliminates the need to file a 

petition to use only portable fire 

extinguishers at these locations. 

B. Rock Dust for Fire Protection 

Rock dust is an inorganic, noncombustible dust, such as crushed 

limestone, that the mine operator 

spreads on coal surfaces to reduce the 

chance of stirring up an explosive 

suspension of coal dust. The rock dust 

also can work as a fire suppressant by 

smothering the flame. It is widely used 

in coal mining to reduce the likelihood 

of coal dust explosions or flame 

propagation. A single bag of rock dust 

weighs about 40 pounds when dry. In 

damp environments, a bag of rock dust 

will absorb water, rendering it 

ineffective for fire prevention or 

suppression purposes. Damp rock dust 

becomes somewhat plastic in 

consistency and dries into a hard, bricklike mass. The presence of bags of rock 

dust can give a false sense of security for 

firefighting purposes because the rock 

dust can absorb water even through a 

sealed bag. The miner or mine operator 

can be unaware that the rock dust is 

useless as a fire suppressant until trying 

to use it. Bags of rock dust must be 

protected from moisture, checked 

frequently, and replaced if wet or 

hardened. This lifting and moving of 

heavy bags of rock dust increases the 

risk of injury to miners. 

C. Requirements for Portable Fire 

Extinguishers 

Existing § 75.1100–1(e) sets 

requirements for a portable fire 

extinguisher as follows: 

(e) Portable fire extinguisher: A portable 

fire extinguisher shall be either (1) a 

multipurpose dry chemical type containing a 

nominal weight of 5 pounds of dry powder 

and enough expellant to apply the powder or 

(2) a foam-producing type containing at least 

21⁄2 gallons of foam-producing liquids and 

enough expellant to supply the foam. Only 

fire extinguishers approved by the 

Underwriters Laboratories, Inc., or Factory 

Mutual Research Corp., carrying appropriate 

labels as to type and purpose, shall be used. 

After March 30, 1971, all new portable fire 

extinguishers acquired for use in a coal mine 

shall have a 2A 10 BC or higher rating. 

III. Section-by-Section Analysis 

Existing § 75.1100–2 sets 

requirements for the quantity and 

location of firefighting equipment in 

underground coal mines. At working 

sections, paragraph (a) requires 240 

pounds of rock dust (about six bags), 

two portable fire extinguishers, and a 

ready supply of water or dry chemical. 


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