Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 57849 

airport, extending from the 6.3-mile radius to 

10.2 miles southwest of the airport and 

within 2 miles each side of the 052° bearing 

from the airport, extending from the 6.3-mile 

radius to 9.8 miles to the northeast of the 

airport. 

Issued in College Park, Georgia, on 

September 15, 2010. 

Myron A. Jenkins, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2010–23726 Filed 9–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 75 

RIN 1219–AB76 

Maintenance of Incombustible Content 

of Rock Dust in Underground Coal 

Mines 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Emergency Temporary 

Standard; public hearings; close of 

comment period. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) is issuing an 

emergency temporary standard (ETS) 

under section 101(b) of the Federal 

Mine Safety and Health Act of 1977 in 

response to the grave danger that miners 

in underground bituminous coal mines 

face when accumulations of coal dust 

are not made inert. MSHA has 

concluded, from investigations of mine 

explosions and other reports, that 

immediate action is necessary to protect 

miners. 

Accumulations of coal dust can ignite, 

resulting in an explosion, or after an 

explosion, they can intensify flame 

propagation, increasing the severity of 

explosions. The ETS requires mine 

operators to increase the incombustible 

content of combined coal dust, rock 

dust, and other dust to at least 80 

percent in underground areas of 

bituminous coal mines. The ETS further 

requires that the incombustible content 

of such combined dust be raised 0.4 

percent for each 0.1 percent of methane 

present. The ETS strengthens the 

protections for miners by reducing the 

potential for a coal mine explosion and 

reducing the severity of explosions 

should they occur. 

DATES: Effective date: September 23, 

2010. 

Compliance dates: Each mine 

operator shall comply with the ETS by 

the dates listed below. 

1. October 7, 2010. Newly mined 

areas. 

2. November 22, 2010. All other areas 

of the mine. 

Persons and organizations are 

encouraged to submit comments on the 

ETS by October 19, 2010. The ETS must 

be replaced with a final rule within 

9 months. 

Hearing dates: October 26, 2010, 

October 28, 2010, November 16, 2010, 

and November 18, 2010. The locations 

are listed in the Public Hearings section 

below under the SUPPLEMENTARY

INFORMATION section of this document. 

Post-hearing comments must be 

received by midnight Eastern Standard 

Time on December 20, 2010. 

ADDRESSES: Comments must be 

identified with ‘‘RIN: 1219–AB76’’ and 

may be sent to MSHA by any of the 

following methods: 

• Federal E-Rulemaking Portal: 

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

on-line instructions for submitting 

comments. 

• Electronic mail: zzMSHAcomments@dol.gov. Include ‘‘RIN: 1219– 

AB76’’ in the subject line of the message. 

• Facsimile: 202–693–9441. Include 

‘‘RIN: 1219–AB76’’ in the subject line of 

the message. 

• Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939. 

• Hand Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia. Sign in 

at the receptionist’s desk on the 21st 

floor. 

FOR FURTHER INFORMATION CONTACT: 

Patricia W. Silvey, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, at silvey.patricia@dol.gov 

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

693–9441 (facsimile). 

SUPPLEMENTARY INFORMATION: MSHA is 

including the following outline to assist 

the public in finding information in the 

preamble. 

I. Introduction 

A. Availability of Information 

B. Public Hearings 

II. Basis for Emergency Temporary Standard 

A. Regulatory Authority 

B. Grave Danger 

III. Discussion of Emergency Temporary 

Standard (ETS) 

A. Background 

B. Discussion 

IV. Regulatory Economic Analysis 

A. Executive Order (E.O.) 12866 

B. Population at Risk 

C. Benefits 

D. Compliance Costs 

E. Net Benefits 

V. Feasibility 

A. Technological Feasibility 

B. Economic Feasibility 

VI. Regulatory Flexibility Act (RFA) and 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

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. Executive Order 13132: Federalism 

C. The Treasury and General Government 

Appropriations Act of 1999: Assessment 

of Federal Regulations and Policies on 

Families 

D. Executive Order 12630: Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

E. Executive Order 12988: Civil Justice 

Reform 

F. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

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 

IX. References 

X. Emergency Temporary Standard— 

Regulatory Text 

I. Introduction 

This ETS is issued under section 

101(b) of the Federal Mine Safety and 

Health Act of 1977 (Mine Act) as 

amended by the Mine Improvement and 

New Emergency Response (MINER) Act 

of 2006, 30 U.S.C. 811(b). This ETS 

revises existing 30 CFR 75.403 on the 

incombustible content of combined coal 

dust, rock dust and other dust to 

strengthen the protection for miners by 

greatly minimizing the potential for a 

coal dust explosion in an underground 

bituminous coal mine. 

In accordance with section 101(b)(3) 

of the Mine Act, the ETS serves as an 

emergency temporary final rule with 

immediate effect and provides an 

opportunity for notice and comment, 

after which time a final rule will be 

issued. That final rule may differ from 

the ETS. The Mine Act states that the 

ETS is a temporary standard and must 

be superseded by a final rule within 

nine months. The legislative history of 

the Mine Act reinforces the statutory 

language regarding the ETS providing 

opportunity for comment ‘‘so that all 

views can be carefully considered in 

connection with the issuance of a 

permanent standard.’’ S. Rept. No. 95– 

181, 24 (1977). The preamble discusses 

the specific provision that MSHA 

intends to address in the final rule. 

MSHA solicits comments from the 

mining community on this ETS. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
57850 Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 

A. Availability of Information 

Public Comments: MSHA will post all 

comments on the Internet without 

change, including any personal 

information provided. Access comments 

electronically at http://www.msha.gov/ 

regsinfo.htm or http:// 

www.regulations.gov. Review comments 

in person at the Office of Standards, 

Regulations, and Variances, 1100 

Wilson Boulevard, Room 2350, 

Arlington, Virginia. Sign in at the 

receptionist’s desk on the 21st floor. 

E-mail notification: MSHA maintains 

a list that enables subscribers to receive 

e-mail notification when the Agency 

publishes rulemaking documents in the 

Federal Register. To subscribe, go to 

http://www.msha.gov/subscriptions/ 

subscribe.aspx. 

B. Public Hearings 

MSHA will hold four public hearings 

on the ETS to provide the public with 

an opportunity to present oral 

statements, written comments, and 

other information on this rulemaking. 

The public hearings will begin at 9 a.m. 

and end after the last presenter speaks, 

and in any event not later than 5 p.m., 

on the following dates at the locations 

indicated: 

Date Location Contact No. 

October 26, 2010 ........ Marriott St. Louis Airport, 10700 Pear Tree Lane, St. Louis, MO 63134 ........................................... (314) 423–9700 

October 28, 2010 ........ Sheraton Birmingham, 2101 Richard Arrington Jr. Blvd N, Birmingham, AL 35203 .......................... (205) 324–5000 

November 16, 2010 ..... Hilton Suites Lexington Green, 245 Lexington Green Circle, Lexington, KY 40511 .......................... (859) 271–4000 

November 18, 2010 ..... Charleston Marriott Town Center, 200 Lee Street East, Charleston, WV 25301 ............................... (304) 345–6500 

The hearings will begin with an 

opening statement from MSHA, 

followed by an opportunity for members 

of the public to make oral presentations. 

You do not have to make a written 

request to speak; however, persons and 

organizations wishing to speak are 

encouraged to notify MSHA in advance 

for scheduling purposes. 

Speakers and other attendees may 

present information to MSHA for 

inclusion in the rulemaking record. The 

hearings will be conducted in an 

informal manner. Formal rules of 

evidence or cross examination will not 

apply. 

A verbatim transcript of the 

proceedings will be prepared and made 

a part of the rulemaking record. Copies 

of the transcript will be available to the 

public. The transcript may also be 

viewed on MSHA’s Web site at http:// 

www.msha.gov/regsinfo.htm, under 

Statutory and Regulatory Information. 

MSHA will accept post-hearing written 

comments and other appropriate 

information for the record from any 

interested party, including those not 

presenting oral statements. 

II. Basis for the Emergency Temporary 

Standard 

A. Regulatory Authority 

Section 101(b) of the Mine Act 

provides that: 

1. The Secretary shall provide, without 

regard to the requirements of chapter 5, title 

5, United States Code, for an emergency 

temporary mandatory health or safety 

standard to take immediate effect upon 

publication in the Federal Register if [s]he 

determines (A) that miners are exposed to 

grave danger from exposure to substances or 

agents determined to be toxic or physically 

harmful, or to other hazards, and (B) that 

such emergency standard is necessary to 

protect miners from such danger. 

2. A temporary mandatory health or safety 

standard shall be effective until superseded 

by a mandatory standard promulgated in 

accordance with the procedures prescribed in 

paragraph (3) of this subsection. 

3. Upon publication of such standard in 

the Federal Register, the Secretary shall 

commence a proceeding in accordance with 

section 101(a) [involving notice and 

comment], and the standards as published 

shall also serve as a proposed rule for the 

proceeding. The Secretary shall promulgate a 

mandatory health or safety standard under 

this paragraph no later than nine months 

after publication of the emergency temporary 

standard as provided in paragraph (2). 

An ETS is an extraordinary measure 

provided by the Mine Act to enable 

MSHA ‘‘to react quickly to grave dangers 

that threaten miners before those 

dangers manifest themselves in serious 

or fatal injuries or illnesses.’’ S. Rept. 

No. 95–181, 24 (1977). Additionally, the 

Senate Report states— 

* * * once the Secretary has identified a 

grave danger that threatens miners the 

Committee expects the Secretary to issue an 

emergency temporary standard as quickly as 

possible, not necessarily waiting until [s]he 

can investigate how well that grave danger is 

being managed or controlled in particular 

mines. Id. at 24. 

An ETS takes effect upon publication in 

the Federal Register, and is a fully 

enforceable standard. 

To assure the optimum protection of 

miners, the ETS authority applies to all 

types of grave dangers without 

qualification. The legislative history of 

the Mine Act emphasizes that ‘‘to 

exclude any kind of grave danger would 

contradict the basic purpose of 

emergency temporary standards— 

protecting miners from grave dangers.’’ 

Id. The ETS authority covers dangers 

arising from exposure to toxic or 

physically harmful substances or agents 

and to ‘‘other hazards.’’ It applies to 

dangers longstanding or novel, to 

dangers that ‘‘result from conditions 

whose harmful potential has just been 

discovered’’ or to which large numbers 

of miners are ‘‘newly exposed.’’ Id. 

A record of fatalities or serious 

injuries is not necessary before an ETS 

can be issued because ‘‘[d]isasters, 

fatalities, and disabilities are the very 

thing this provision is designed to 

prevent.’’ Id. at 23. At the same time, the 

legislative history of the Mine Act is 

clear that an ETS is not limited to new 

dangers in the mining industry: ‘‘That a 

danger has gone unremedied should not 

be a bar to issuing an emergency 

standard. Indeed, if such is the case the 

need for prompt action is that much 

more pressing.’’ Id. at 24. 

When issuing an ETS, MSHA is ‘‘not 

required to prove the existence of grave 

danger as a matter of record evidence 

prior to taking action.’’ Id. The 

legislative history expressly recognizes 

‘‘the need to act quickly where, in the 

judgment of the Secretary, a grave 

danger to miners exists.’’ Id. The ETS is 

a critical statutory tool that MSHA can 

use to take immediate action to 

significantly reduce the potential for the 

loss of life in the mines. 

MSHA accordingly has used an ETS 

to require- 

• Hands-on training for miners in the 

use of self-contained self-rescue (SCSR) 

devices (52 FR 24373, June 30, 1987); 

• Training and mine evacuation 

procedures for underground coal mines 

(67 FR 76658, Dec. 12, 2002); 

• New accident notification 

timeframes, new safety equipment, and 

training and drills in mine emergency 

evacuations (71 FR 12252, Mar. 9, 2006); 

and 

• Sealing of abandoned areas (72 FR 

28797, May 22, 2007). 

B. Grave Danger and the Need for an 

Emergency Temporary Standard 

MSHA has determined that a revised 

standard for ‘‘Maintenance of 

incombustible content of rock dust’’ (30 


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Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 57851 

1This term refers to all areas of an underground 

mine other than returns that require rock dusting. 

These include intake airways, conveyor belt entries 

not used as air intakes, and other neutral entries 

such as roadways and track entries. 

CFR § 75.403) is necessary to 

immediately protect miners from 

hazards of coal dust explosions. This 

determination is based on: MSHA’s 

accident investigation reports of mine 

explosions in intake air courses that 

involved coal dust (Dubaniewicz 2009); 

the National Institute for Occupational 

Safety and Health’s (NIOSH) Report of 

Investigations 9679 (Cashdollar et al. 

2010), ‘‘Recommendations for a New 

Rock Dusting Standard to Prevent Coal 

Dust Explosions in Intake Airways’’; and 

MSHA’s experience and data. 

Rock dust is a pulverized stone used 

to cover coal dust and render 

accumulations of it inert. In order to 

prevent an explosion from propagating, 

rock dust must be effectively applied 

wherever coal dust accumulates. The 

mine operator’s procedures for applying 

rock dust must be designed to assure 

that rock dust effectively inerts coal 

dust accumulations. Rock dust, when 

effectively applied, can prevent 

explosions or reduce the severity of 

explosions. 

Under the existing standard, mine 

operators are required to apply rock 

dust in bituminous coal mines to reduce 

the explosion potential of the coal dust 

and other dust generated during mining 

operations. Effective rock dust 

application is essential to protect miners 

from the potential of a coal dust 

explosion; or if one occurs, to reduce its 

severity. Based on the Federal Coal 

Mine Health and Safety Act of 1969 

(Coal Act), Public Law 91–173, MSHA 

established a standard that requires 

mine operators to maintain at least 80 

percent incombustible content of the 

combined coal dust, rock dust, and 

other dust in return airways. In all other 

areas of the mine, the combined dust 

must contain at least 65 percent 

incombustible content. The higher limit 

for return airways was determined in 

large part because fine ‘‘float’’ coal dust 

(100 percent < 200 mesh or 75 

micrometers (μm)) tends to collect in 

these airways. 

In the 1920s, the U.S. Bureau of Mines 

(the Bureau) conducted industry-wide 

surveys of coal dust particle size 

produced by mining. The Bureau 

conducted large-scale explosion tests 

using dust particles of the size range 

obtained from the survey to determine 

the amount of rock dust required to 

prevent explosion propagation. The 

results of this research are the basis for 

MSHA’s existing standard. 

Mining technology, equipment, and 

methods have changed significantly 

since the 1920s and NIOSH and MSHA 

conducted a survey to update 

information about existing coal dust 

particle size distribution in 

underground bituminous coal mines. 

MSHA inspectors collected a variety of 

dust samples from intake 1 and return 

airways of U.S. coal mines. NIOSH 

found that the coal dust particle size 

distribution in intake airways is much 

finer than in mines of the 1920s because 

of the significant changes in mining 

methods and equipment (Cashdollar et 

al. 2010). 

Given the results of the latest coal 

dust particle size survey, NIOSH 

conducted a series of large-scale dust 

explosion tests at the NIOSH Lake Lynn 

Experimental Mine (LLEM) using the 

dust survey results to determine the 

incombustible content necessary to 

prevent explosion propagation. NIOSH 

determined that the finer coal dust 

particle size found in intake airways 

requires a greater incombustible content 

to significantly decrease the potential 

for propagation of explosions than the 

65 percent required under MSHA’s 

existing standard, since the explosion 

hazard increases as the coal dust 

particle size decreases. In addition, 

despite survey indications that return 

dust particle sizes are finer than those 

in the past studies, NIOSH finds that the 

existing requirement of 80 percent 

incombustible content is still sufficient 

for these areas. 

Based on the results of this testing, 

NIOSH recommends an 80 percent total 

incombustible content (TIC) in both 

intake and return airways of bituminous 

coal mines (Cashdollar et al. 2010). The 

coal dust particle size survey and 

explosion test results indicate that the 

existing requirement of 80 percent TIC 

in return airways is still sufficient and 

appropriate. 

During the period from 1976 through 

2001 (26 years) there were 6 explosions 

that resulted in 46 fatalities in which 

rock dusting conditions and practices in 

intake air courses contributed to the 

severity of the explosions (Dubaniewicz 

2009). MSHA’s experience indicates 

that many large explosions in 

underground bituminous coal mines are 

propagated by coal dust. 

Based on NIOSH’s data and 

recommendations, and MSHA data and 

experience, the Secretary has 

determined that miners are exposed to 

grave danger in areas of underground 

bituminous coal mines that are not 

properly and sufficiently rock dusted in 

accordance with the requirements in 

this ETS and that this ETS is necessary 

to protect miners from such danger. 

III. Discussion of the Emergency 

Temporary Standard 

A. Background 

When drafting the Federal Coal Mine 

Safety Act of 1952, Public Law 49–77 

(1952), the Congress recognized a need 

to prevent major disasters in 

underground coal mines. At that time, 

the Congress particularly noted the 

threat of coal mine explosions due to 

accumulations of coal dust. 

Under the Coal Act of 1969, Congress 

emphasized, among other things, the 

need for interim safety standards to 

improve control of combustibles—such 

as loose coal—that propagate 

explosions. The Congress recognized the 

need to prevent coal dust from 

accumulating in explosive quantities 

and to prevent coal dust explosions. 

Congress included language related to 

rock dusting, which provided: 

Where rock dust is required to be applied, 

it shall be distributed upon the top, floor, and 

sides of all underground areas of a coal mine 

and maintained in such quantities that the 

incombustible content of the combined coal 

dust, rock dust, and other dust shall be not 

less than 65 per centum, but the 

incombustible content in the return 

aircourses shall be no less than 80 per 

centum. Where methane is present in any 

ventilating current, the per centum of 

incombustible content of such combined dust 

shall be increased 1.0 and 0.4 per centum for 

each 0.1 per centum of methane where 65 

and 80 per centum, respectively, of 

incombustibles are required. [Conference 

Report No. 91–761, Section 304(d)]. 

The Congress retained this Coal Act 

provision in the Mine Act. This 

provision is MSHA’s existing standard 

for rock dusting. 

B. Discussion 

This ETS revises existing 30 CFR 

75.403 to require mine operators to 

increase the incombustible content of 

the combined coal dust, rock dust, and 

other dust in all accessible areas of 

underground bituminous coal mines to 

at least 80 percent. Rock dust must be 

distributed upon the top, floor, and 

sides of all underground areas of a 

bituminous coal mine and maintained 

in such quantities that the 

incombustible content of the combined 

coal dust, rock dust, and other dust will 

be at least 80 percent. Existing MSHA 

standards require the incombustible 

content in the return air courses to be 

at least 80 percent and in all other areas 

to be at least 65 percent. This ETS 

increases the incombustible content in 

all areas, other than return air courses, 

from 65 percent to 80 percent. In 

addition, the ETS requires that where 

methane is present in any ventilating 

current, the percent of incombustible 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
57852 Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Rules and Regulations 

content of such combined dust shall be 

increased 0.4 percent for each 0.1 

percent of methane. This is a 

conforming change to the existing 

requirement. MSHA solicits comments 

regarding the increase in incombustible 

content of dust in air courses where 

methane is present. Please include 

rationale and supporting documentation 

for any suggested alternative 

compliance methods. 

It is the responsibility of mine 

operators to comply with the ETS 

immediately. MSHA recognizes, 

however, that operators may need 

additional time for compliance for both 

newly mined areas and other areas of 

the mine. For newly mined areas, the 

ETS includes a short delayed 

compliance date to allow operators to 

purchase additional rock dust, related 

materials, and equipment. For other 

areas of the mine, which may be 

extensive in some cases, the ETS 

provides operators with additional time 

to apply rock dust. By October 7, 2010, 

mine operators must rock dust all newly 

mined areas in accordance with the 

ETS. By November 22, 2010, all other 

areas of the mine must be rock dusted 

in accordance with the ETS. MSHA 

encourages operators to begin rock 

dusting all other areas, starting with 

areas that pose the greatest risk to 

miners. Those areas include areas near 

the active faces and areas that contain 

ignition sources, such as conveyor belt 

drives and conveyor belt entries because 

they pose the greatest potential for 

methane and coal dust explosions. 

Dust samples collected and analyzed 

by MSHA in each of the Agency’s 

districts that cover bituminous coal 

mines were used by NIOSH to 

determine the incombustible content 

necessary to minimize explosion 

propagation. The samples were 

collected in intake and return airways, 

and the results indicate that particle 

sizes of the dust in underground areas 

are significantly finer than those 

measured in the 1920s, which were the 

basis for the existing standard as noted 

above. According to the NIOSH report, 

the finer dust particle size results from 

changes in underground coal mining 

technology since the 1920s. This 

decrease in particle size occurred as 

new mining technologies were adopted 

by the industry (e.g., mining methods 

involving increased mechanization) 

(Cashdollar et al. 2010). 

MSHA’s existing rock dust standard 

which requires a 65 percent TIC dust 

mixture does not adequately protect 

miners. LLEM tests have shown that a 

68 percent TIC dust mixture with coarse 

coal dust from the Pittsburgh seam (20 

percent < 200 mesh) will propagate dust 

explosions. LLEM inerting experiments 

also demonstrated that at least 76.4 

percent TIC suspended in the air in a 

laboratory test environment is required 

to prevent explosion propagation for 

medium-size coal dust (38 percent < 200 

mesh). LLEM experiments have also 

shown that the TIC required to prevent 

flame propagation becomes much less 

dependent on coal particle size as the 

TIC approaches and exceeds 80 percent 

(Cashdollar et al. 2010). Consistent with 

NIOSH findings, the ETS requires 80 

percent TIC for all areas that require 

rock dusting. The ETS is consistent with 

the requirement in the West Virginia 

Executive Order issued on April 14, 

2010, relating to total incombustible 

content of dust. 

IV. Regulatory Economic Analysis 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order (E.O.) 12866, 

the Agency must determine whether a 

regulatory action is ‘‘significant’’ and 

subject to review by the Office of 

Management and Budget (OMB). 

Section 3(f) of E.O. 12866 defines a 

‘‘significant regulatory action’’ as an 

action that is likely to result in a rule: 

(1) Having an annual effect on the 

economy of $100 million or more, or 

adversely and materially affecting a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety or state local or 

tribal governments or communities (also 

referred to as ‘‘economically 

significant’’); (2) creating serious 

inconsistency or otherwise interfering 

with an action taken or planned by 

another agency; (3) materially altering 

the budgetary impacts of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) raising novel legal or 

policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this Executive 

Order. 

MSHA has determined that this ETS 

does not have an annual effect of $100 

million or more on the economy, and is 

not an economically ‘‘significant 

regulatory action’’ pursuant to § 3(f) of 

E.O. 12866. MSHA requests comments 

on all the estimates of costs and benefits 

presented in this ETS. 

MSHA has not prepared a separate 

regulatory economic analysis for this 

rulemaking. Rather, the analysis is 

presented below. 

B. Population at Risk 

The ETS applies to all underground 

bituminous coal mines in the United 

States. There are approximately 415 

active underground bituminous coal 

mines employing 47,119 miners. Table 

1 presents the 415 underground 

bituminous coal mines by employment 

size. 

TABLE 1—UNDERGROUND BITUMINOUS COAL MINES AND MINERS, 12 MONTH AVERAGE AS OF JANUARY 2010, BY

EMPLOYMENT SIZE * 

Mine size 

Number of 

underground 

bituminous 

coal mines 

Total 

employment 

at underground 

coal mines 

1–19 Employees ...................................................................................................................................................... 73 1,136 

20–500 Employees .................................................................................................................................................. 330 29,390 

501+ Employees ...................................................................................................................................................... 12 9,708 

Contractors .............................................................................................................................................................. ........................ 6,885 

Total .................................................................................................................................................................. 415 47,119 

* Source: MSHA MSIS Data (March 2010). 

The 415 underground coal mines 

produced an estimated 331.7 million 

short tons of coal in 2009. The average 

price of coal in underground mines in 

2008 was $51.35 per short ton and was 

obtained from the Department of Energy 

(DOE), Energy Information 

Administration (EIA), Annual Coal 

Report 2008, October 2009, Table 28. 


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Table 2 presents the coal production 

and revenues for 2009. 

TABLE 2—COAL PRODUCTION IN SHORT TONS AND COAL REVENUES IN 2009 FOR MINES AFFECTED BY THE ETS 

Mine size Coal production Coal revenue 

1–19 Employees .......................................................................................................................................... 4,972,836 $255,355,129 

20–500 Employees ...................................................................................................................................... 236,453,706 12,141,897,803 

500+ Employees .......................................................................................................................................... 90,256,010 4,634,646,114 

Total ...................................................................................................................................................... 331,682,552 17,031,889,045 

C. Benefits 

Accumulations of coal dust can 

propagate and contribute to the severity 

of mine explosions. During the period 

1976 to 2001 (26 years) there were 26 

fatal methane and/or coal dust 

explosions in underground coal mines 

that resulted in 139 fatalities 

(Dubaniewicz 2009). In 6 of those 26 

explosions, the rock dusting conditions 

and practices in intake air courses were 

identified as either the cause or a 

contributing factor in the explosions. In 

addition to reviewing the Dubaniewicz 

report, MSHA also reviewed the 

Agency’s own fatal investigation reports 

for these explosions. Based upon this 

review, MSHA determined that the 

requirements in this ETS would have 

either prevented or reduced the severity 

of these explosions. These explosions 

resulted in 46 deaths, approximately 2 

deaths per year (46 deaths/26 years). 

MSHA acknowledges that the 

requirements in this ETS probably 

would not have prevented all of the 

deaths from the 6 explosions, and 

estimates that the ETS would have 

prevented approximately 1 to 1.5 deaths 

per year. 

MSHA also studied explosions and 

ignitions resulting in non-fatal injuries 

that occurred during the period from 

1986 through 2001 (16 years). During 

that time, there were 3 explosions that 

resulted in at least 4 non-fatal injuries 

in which rock dusting conditions and 

practices contributed to the explosions. 

Based on the data, MSHA determined 

that the requirements in the ETS would 

have prevented 1 additional injury 

about every 4 years (4 injuries/16 years). 

However, these estimates are not 

precise and the ETS could result in 

additional injuries prevented. MSHA is 

also aware of at least 4 explosions or 

ignitions occurring from 1985 through 

2008 which did not result in any 

injuries or fatalities; however, the 

investigation report concluded that poor 

rock dust practices contributed to these 

explosions. MSHA projects that the ETS 

would improve rock dust practices in 

underground bituminous coal mines 

and the safety and health of miners. 

The provisions of the ETS will 

decrease explosibility of the coal dust 

deposited in underground bituminous 

coal mines, which will decrease both 

the probability that an explosion will 

occur, and, if an explosion does occur, 

the severity of the explosion. MSHA 

projects a significant reduction in 

fatalities and injuries with the 

implementation of the ETS. 

MSHA calculates benefits in terms of 

an annual average. However, the ETS is 

targeted at mine explosions, which are 

catastrophic events that may not occur 

on a regular basis. They can 

unfortunately occur multiple times in a 

single year but may not occur again for 

a number of years. Thus, MSHA’s 

average estimate of 1 to 1.5 deaths 

prevented a year cannot fully reflect the 

impact of preventing a given explosion 

or series of explosions, since each 

would be unique in terms of its impacts. 

MSHA has estimated the benefits of the 

ETS within this context. The number of 

fatalities and injuries that may be 

prevented by this ETS may be 

understated. MSHA requests comments 

on the Agency’s benefit estimates, as 

well as supporting data. 

D. Compliance Costs 

MSHA estimates that the ETS will 

result in total yearly costs for operators 

of underground bituminous coal mines 

of approximately $22.0 million: $0.3 

million for mines with 1–19 employees; 

$15.8 million for mines with 20–500 

employees; and $6.0 million for mines 

with 501 or more employees. 

As is noted below, MSHA’s cost 

estimates are based upon 2009 data. On 

April 14, 2010, West Virginia (WV) 

issued an Executive Order requiring that 

dust samples meet the NIOSH 

recommendation of 80% total 

incombustible content. MSHA did not 

consider the WV requirement in its 

analysis; thus the cost estimates 

attributable to the ETS may be 

overstated. 

Derivation of Compliance Costs 

Results from 26,576 intake rock dust 

samples collected by MSHA in 2009 

show that over 75% of the samples had 

a total incombustible content (TIC) 

equal to or greater than 80%. While it 

is not possible to precisely determine 

the additional amount of rock dust 

needed based upon these samples, 

MSHA developed cost estimates using 

the following: 

• MSHA assumed that the costs 

related to the 25% of samples that were 

below 80% TIC were the costs of going 

from 65% required under the existing 

standard to 80% TIC. 

• Some samples that were below 80% 

TIC were below 65% TIC and others 

were above 65% TIC. To calculate costs, 

MSHA assumed that 25% of the mines 

in each size category would have to 

increase the TIC in the intakes from 

65% to 80%, and developed costs 

accordingly. 

MSHA estimates that approximately 

18 mines with fewer than 20 employees 

(73 mines × 25%); 83 mines with 20– 

500 employees (330 mines × 25%); and 

3 mines with more than 500 employees 

(12 mines × 25%) will incur costs to 

comply with the ETS. 

MSHA also estimates that these mines 

will require 115% more rock dust to 

comply with the ETS. The 115% 

increase in the amount of rock dust 

needed was calculated by solving the 

following set of equations: 

• The initial amount of rock dust 

(RD0) equals 65% of the initial amount 

of total dust (TD0), as is specified in 

equation 1. 

Equation 1: RD0 = 0.65 × TD0

• The initial amount of rock dust 

(RD0) plus the added rock dust (RDAD) 

equals 80% of the initial amount of total 

dust (TD0) plus the added rock dust 

(RDAD) as is specified in equation 2. 

Equation 2: RD0 + RDAD = 0.8 × (TD0 + 

RDAD) 

Based upon the experience of MSHA’s 

field staff, MSHA estimates the total 

costs associated with purchasing and 

applying rock dust to comply with the 

existing rock dust requirements are 

$0.20 per ton of coal produced for mine 

operators with fewer than 20 employees 

and $0.23 per ton of coal produced for 

mine operators with 20 or more 


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employees. Therefore, the estimated 

additional compliance cost for the 

affected mines will be $0.23 ($0.20 × 

115%) per ton of coal produced for 

mine operators with fewer than 20 

employees and $0.27 ($0.23 × 115%) per 

ton of coal produced for mine operators 

with 20 or more employees. 

From these estimates, MSHA projects 

that the costs for purchasing and 

applying rock dust would increase by 

$22.0 million per year due to the ETS. 

Table 3 shows that, disaggregated by 

mine size, yearly costs will be 

approximately: $0.3 million for mine 

operators with fewer than 20 employees; 

$15.8 million for mine operators with 

20–500 employees; and $6.0 million for 

mine operators with more than 500 

employees. 

TABLE 3—PROJECTED COMPLIANCE COSTS BASED ON MINE SIZE AND ADDITIONAL ROCK DUST PER SHORT TON OF COAL

PRODUCED

Mine size Mine count 

Average preliminary 2009 

coal production (short 

tons) per mine 

Additional rock 

dust costs per 

short ton of 

coal produced 

Increase in 

yearly costs to 

apply rock 

dust to comply 

with ETS 

1–19 Employees .............................................................................................. 18 68,121 $0.230 $282,000 

20–500 Employees .......................................................................................... 83 716,526 0.265 15,760,000 

501+ Employees .............................................................................................. 3 7,521,334 0.265 5,979,000 

Total .......................................................................................................... 104 ........................ ........................ 22,021,000 

MSHA solicits comments on the 

above estimates as well as information 

that would enable a more specific 

analysis of costs, which could include 

the costs of: Additional rock dust; 

increased labor needed to apply the rock 

dust; and any additional equipment that 

would be necessary, such as, pod 

dusters, trickle dusters, finger dusters, 

and scoop batteries. For equipment, 

please include the type, number of 

pieces, costs, and expected service life. 

Please explain whether mining methods 

would affect the costs (e.g., longwall 

compared to non-longwall mines). 

E. Net Benefits 

This section presents a summary of 

the estimated net benefits of the ETS for 

informational purposes only. Under the 

Mine Act, MSHA is not required to use 

estimated net benefits as the basis for its 

decision. 

MSHA based its estimates of the 

monetary values for the benefits 

associated with the ETS on relevant 

literature. To estimate the monetary 

values of these reductions in cases, 

MSHA performed an analysis of the 

imputed value of fatalities avoided 

based on a willingness-to-pay approach. 

This approach relies on the theory of 

compensating wage differentials (i.e., 

the wage premium paid to workers to 

accept the risk associated with various 

jobs) in the labor market. A number of 

studies have shown a correlation 

between higher job risk and higher 

wages, suggesting that employees 

demand monetary compensation in 

return for incurring a greater risk of 

injury or fatality. 

Viscusi & Aldy (2003) conducted an 

analysis of studies that use a 

willingness-to-pay methodology to 

estimate the imputed value of lifesaving programs (i.e., meta-analysis) and 

found that each fatality avoided was 

valued at approximately $7 million and 

each lost work-day injury was 

approximately $50,000 in 2000 dollars. 

Using the GDP Deflator (U.S. Bureau of 

Economic Analysis, 2010), this yields an 

estimate of $8.7 million for each fatality 

avoided and $62,000 for each injury 

avoided in 2009 dollars. This value of 

a statistical life (VSL) estimate is within 

the range of the substantial majority of 

such estimates in the literature ($1 

million to $10 million per statistical 

life), as discussed in OMB Circular 

A–4 (OMB, 2003). 

Although MSHA is using the Viscusi 

& Aldy (2003) study as the basis for 

monetizing the expected benefits of the 

ETS, the Agency does so with several 

reservations, given the methodological 

difficulties involved in estimating the 

compensating wage differentials (see 

Hintermann, Alberini and Markandya, 

2008). Furthermore, these estimates 

pooled across different industries may 

not capture the unique circumstances 

faced by coal miners. For example, some 

have suggested that VSL models be 

disaggregated to account for different 

levels of risk, as might occur in coal 

mining (see Sunstein, 2004). In 

addition, coal miners may have few 

options of alternative employers and in 

some cases only one employer (nearmonopsony or monopsony) that may 

depress wages below those in a more 

competitive labor market. 

MSHA recognizes that monetizing the 

value of a statistical life is difficult and 

involves uncertainty and imprecision. 

In the future, MSHA plans to work with 

other agencies to refine the approach 

taken in this ETS. 

Based upon the estimated prevention 

of 1 to 1.5 deaths per year and 1 injury 

every 4 years, the ETS would result in 

monetized benefits of approximately 

$8.7 to 13.1 million per year. As noted 

above, MSHA believes that the ETS may 

prevent additional injuries; however, 

due to data limitations, quantification is 

not possible and they have not been 

included in the monetized benefits. 

In addition to the injuries and 

fatalities prevented, MSHA anticipates 

that savings to operators would result 

from the ETS preventing or reducing the 

severity of explosions. As noted above, 

6 explosions (about 0.23 per year) 

involving fatalities occurred in the 26 

year period 1976 to 2001 and 4 

explosions (about 0.17 per year) that did 

not involve any fatalities or injuries 

occurred in the 24 year period 1985 

through 2008. MSHA estimates that the 

ETS would prevent or reduce the 

severity of about one explosion every 

two and a half years. 

Explosions can result in tremendous 

costs to a mine operator. MSHA 

estimates that the time to recover a mine 

after an explosion is a minimum of 8 

weeks. Factors such as lost wages, lost 

production, rehabilitation, payment for 

the mine rescue teams and other staff, 

and miscellaneous expenses could 

result in costs that range between $2 

and $7 million, depending on the extent 

of the explosion and the size of the 

mine. 

Additional costs include lost 

equipment, which could run into the 

millions of dollars. For example, the 

cost of a set of advancing type mining 

equipment (continuous mining 

machine, roof bolting machine, shuttle 

car, scoop and power center) would be 

approximately $8 million while the cost 

of a longwall unit would be 

approximately $200 million. Replacing 

the electric and waterlines, rails, roof 


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supports, pumps, and power centers 

could add a couple of million dollars 

more to costs. 

If a mine operator is unable to reopen 

the mine after an explosion like some of 

the mines examined by MSHA, costs 

will vary depending on the amount of 

recoverable reserves. The anticipated 

cost of lost reserves could range from a 

few million dollars for a small mine to 

in excess of hundreds of million dollars 

for a large mine. 

Based upon these values, MSHA 

estimates that preventing or reducing 

the severity of a typical explosion in an 

underground coal mine will save the 

operator approximately $15 to $40 

million in direct costs (e.g., mine rescue, 

wages and equipment). Based on one 

explosion every two and a half years, 

MSHA estimates that the ETS will result 

in annual savings to operators of 

between $6 million ($15 million per 

explosion x 0.4 explosions per year) and 

$16 million ($40 million per explosion 

x 0.4 explosions per year) depending 

upon the size of the mine and severity 

of the explosion. In addition, MSHA 

believes that the ETS will prevent 

operator losses resulting from the 

inability to recover coal reserves, 

although MSHA has not quantified 

these savings due to the imprecision of 

the data. Furthermore, MSHA’s average 

estimate of 1 to 1.5 deaths prevented a 

year cannot fully reflect the impact of 

preventing a given explosion or series of 

explosions, since each would be unique 

in terms of its impacts. MSHA solicits 

comments on the net benefit estimates. 

TABLE 4—MONETIZED NET BENEFITS MILLIONS OF 2009 DOLLARS

Yearly fatalities and injuries avoided Yearly cost to apply 

additional rock dust 

Yearly savings from reducing explosions Annual net benefits 

$8.7 to $13.1 $22.0 $6 to $16 ¥7.3 to 7.1 

Note: The ETS is targeted at the prevention of explosions, which are rare but catastrophic events. The net benefits, which must be estimated 

on an annual basis, do not necessarily reflect the impact of preventing a given explosion or series of explosions, since each would be unique in 

terms of its impacts. 

V. Feasibility 

MSHA has concluded that the 

requirements of the ETS are 

technologically and economically 

feasible. 

A. Technological Feasibility 

MSHA concludes that this ETS is 

technologically feasible. The ETS is not 

technology-forcing. The benefits of rock 

dusting have been known for at least a 

century. Mine operators have been 

required to comply with the existing 

rock dusting requirements in 30 CFR 

75.403 for more than 30 years. While the 

ETS will increase the total 

incombustible content of dust in the 

mine, the ETS will not require operators 

to make any innovations in existing 

equipment or techniques used to rock 

dust. However, MSHA recognizes that 

operators may need additional time to 

purchase additional rock dust, related 

materials, and equipment for newly 

mined areas, and to apply the rock dust 

in other areas of the mine. 

B. Economic Feasibility 

MSHA also concludes that this ETS is 

economically feasible. The U.S. 

underground bituminous sector 

produced an estimated 331,682,552 

short tons of coal in 2009. Using the 

2008 price of underground coal of 

$51.35 per short ton, and estimated 

2009 coal production in tons, 

underground coal revenues are 

estimated to be approximately $17 

billion. MSHA estimated the yearly 

compliance costs of the ETS to be $22.0 

million, which is 0.13 percent of 

revenues ($22.0 million/$17 billion) for 

underground bituminous coal mines. 

MSHA has traditionally used a revenue 

screening test—whether the yearly 

compliance costs of a regulation are less 

than 1 percent of revenues—to establish 

presumptively that compliance with the 

regulation is economically feasible for 

the mining community. 

VI. Regulatory Flexibility Act and 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

Pursuant to the Regulatory Flexibility 

Act (RFA) of 1980, as amended by 

SBREFA, MSHA has analyzed the 

impact of the ETS on small businesses. 

Based on that analysis, MSHA has 

notified the Chief Counsel for 

Advocacy, Small Business 

Administration, and made the 

certification under the Regulatory 

Flexibility Act at 5 U.S.C. 605(b) that 

the ETS will 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 the ETS on small entities, 

MSHA must use the Small Business 

Administration (SBA) definition for a 

small entity or, after consultation with 

the SBA Office of Advocacy, establish 

an alternative definition for the mining 

industry by publishing that definition in 

the Federal Register for notice and 

comment. MSHA has not taken such an 

action and 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. 

In addition to examining small 

entities as defined by SBA, MSHA has 

also looked at the impact of this ETS on 

underground bituminous coal mines 

with fewer than 20 employees, which 

MSHA and the mining community have 

traditionally referred to as ‘‘small 

mines.’’ These small mines differ from 

larger mines not only in the number of 

employees, but also in economies of 

scale in material produced, in the type 

and amount of production equipment, 

and in supply inventory. The costs of 

complying with the ETS and the impact 

of the ETS on small mines will also be 

different. It is for this reason that small 

mines are of special concern to MSHA. 

MSHA concludes that it can certify 

that the ETS will not have a significant 

economic impact on a substantial 

number of small entities that are 

covered by this ETS. The Agency has 

determined that this is the case both for 

mines with fewer than 20 employees 

and for mines with 500 or fewer 

employees. 

B. Factual Basis for Certification 

MSHA initially evaluates the impacts 

on ‘‘small entities’’ by comparing the 

estimated compliance costs of a rule for 

small entities in the sector affected by 

the rule to the estimated revenues for 

the affected sector. When estimated 

compliance costs are less than one 

percent of the estimated revenues, the 

Agency believes it is generally 

appropriate to conclude that there is no 

significant economic impact on a 

substantial number of small entities. 

When estimated compliance costs 

exceed one percent of revenues, MSHA 

investigates whether a further analysis 

is required. 


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For underground bituminous coal 

mines, the estimated preliminary 2009 

production was 4,972,836 short tons for 

mines that had fewer than 20 employees 

and 241,426,542 short tons for mines 

that had 500 or fewer employees. Using 

the 2008 price of underground coal of 

$51.35 per short ton and total 2009 coal 

production in short tons, underground 

coal revenues are estimated to be 

approximately $255.4 million for mines 

employing fewer than 20 employees and 

$12.4 billion for mines employing 500 

or fewer employees. The yearly costs of 

the ETS for mines that have fewer than 

20 employees is 0.11 percent ($282,000/ 

$255.4 million) of annual revenues, and 

the yearly costs of the ETS for mines 

that have 500 or fewer employees is 0.13 

percent ($16.0 million/$12.4 billion) of 

annual revenues. Using either MSHA’s 

traditional definition of a small mine 

(one having fewer than 20 employees) or 

SBA’s definition of a small mine (one 

having 500 or fewer employees), the 

yearly costs for underground 

bituminous coal mines to comply with 

the ETS will be less than 1 percent of 

estimated revenues. Accordingly, 

MSHA has certified that the ETS will 

not have a significant impact on a 

substantial number of small entities that 

are covered by the ETS. 

VII. Paperwork Reduction Act of 1995 

This ETS contains no additional 

information collections subject to 

review by OMB under the Paperwork 

Reduction Act. 

VIII. Other Regulatory Considerations 

A. The Unfunded Mandates Reform Act 

of 1995 

MSHA has reviewed the ETS under 

the Unfunded Mandates Reform Act of 

1995 (2 U.S.C. 1501 et seq). MSHA has 

determined that this ETS does not 

include any federal mandate that may 

result in increased expenditures by 

State, local, or tribal governments; nor 

will it increase private sector 

expenditures by more than $100 million 

in any one year or significantly or 

uniquely affect small governments. 

Accordingly, the Unfunded Mandates 

Reform Act of 1995 requires no further 

Agency action or analysis. 

B. Executive Order 13132: Federalism 

This ETS does not have ‘‘federalism 

implications’’ because it will not ‘‘have 

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.’’ Accordingly, 

under E.O. 13132, no further Agency 

action or analysis is required. 

C. 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 

action on family well-being. MSHA has 

determined that this ETS will have no 

effect on family stability or safety, 

marital commitment, parental rights and 

authority, or income or poverty of 

families and children. This ETS impacts 

only the underground bituminous coal 

mine industry. Accordingly, MSHA 

certifies that this ETS would not impact 

family well-being. 

D. Executive Order 12630: Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

This ETS does not implement a policy 

with takings implications. Accordingly, 

under E.O. 12630, no further Agency 

action or analysis is required. 

E. Executive Order 12988: Civil Justice 

Reform 

This ETS 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 ETS will meet the 

applicable standards provided in 

section 3 of E.O. 12988, Civil Justice 

Reform. 

F. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This ETS will have no adverse impact 

on children. Accordingly, under E.O. 

13045, no further Agency action or 

analysis is required. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This ETS 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, under E.O. 13175, no 

further Agency action or analysis is 

required. 

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 effects when a rule has a 

significant energy action (i.e., it 

adversely affects energy supply, 

distribution or use). MSHA has 

reviewed this ETS for its energy effects 

because the ETS applies to the 

underground coal mining sector. 

Because this ETS will result in yearly 

costs of approximately $22.0 million to 

the underground coal mining industry, 

relative to annual revenues of $17 

billion in 2009, MSHA has concluded 

that it is not a significant energy action 

because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

Accordingly, under this analysis, no 

further Agency action or analysis is 

required. 

IX. References 

Cashdollar K, Sapko M, Weiss E, Harris M, 

Man C, Harteis S, Green G. 2010. 

Recommendations for a New Rock 

Dusting Standard to Prevent Coal Dust 

Explosions in Intake Airways. Report of 

Investigations 9679. National Institute 

for Occupational Safety and Health, 

Pittsburgh Research Laboratory, 

Pittsburgh, PA, May. 

Department of Labor, Mine Safety and Health 

Administration, Emergency Temporary 

Standard—Self-Contained Self-Rescue 

(SCSR) Devices (52 FR 24373), June 30, 

1987. 

Department of Labor, Mine Safety and Health 

Administration, Emergency Temporary 

Standard—Training and Mine 

Evacuation Procedures for Underground 

Coal Mines (67 FR 76658) Dec. 12, 2002. 

Department of Labor, Mine Safety and Health 

Administration, Emergency Temporary 

Standard—New Accident Notification 

Timeframes, New Safety Equipment, and 

Training and Drills in Mine Emergency 

Evacuations (71 FR 12252) Mar. 9, 2006. 

Department of Labor, Mine Safety and Health 

Administration, Emergency Temporary 

Standard—Sealing of Abandoned Areas 

(72 FR 28797) May 22, 2007. 

Dubaniewicz T. 2009. From Scotia to 

Brookwood, fatal US underground coal 

mine explosions ignited in intake air 

courses. J Loss Prev Process Ind Jan; 

22(1):52–58. 

Hintermann B, Alberini A, Markandya A. 

2010. Estimating the Value of Safety with 

Labor Market Data: Are the Results 

Trustworthy? Applied Economics. 

42(9):1085–1100. Published 

electronically in July 2008. 

MSHA. 1993. Report of Investigation 

Underground Coal Mine Explosions. 

Scotia Mine ID No. 15–02055, Scotia 

Coal Company, Ovenfork, Letcher 

County, Kentucky. March 9 and 11, 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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1976. U.S. Department of Labor. August 

11, 1993. 229 pages. 

MSHA. 1982. Report of Investigation 

Underground Coal Mine Dust Explosion. 

No. 11 Mine ID No. 15–02290, Adkins 

Coal Company, Kite, Knott County, 

Kentucky. December 7, 1981. U.S. 

Department of Labor. 60 Pages. 

MSHA. 1982. Report of Investigation 

Underground Coal Mine Dust Explosion. 

No. 1 Mine ID No. 15–12624, RFH Coal 

Company, Craynor, Floyd County, 

Kentucky. January 20, 1982. U.S. 

Department of Labor, 53 pages. 

MSHA. 1993. Report of Investigation 

Underground Coal Mine Explosion. #3 

Mine ID No. 44–06594, Southmountain 

Coal Co., Inc, Norton, Wise County, 

Virginia. December 7, 1992. U.S. 

Department of Labor. May 6, 1993. 67 

Pages. 

MSHA. 1995. Report of Investigation 

Underground Coal Mine Explosion. No. 

9 Mine ID No. 15–16418, Day Branch 

Coal Company, Inc., Pathfork, Harlan 

County, Kentucky. May 11, 1994. U.S. 

Department of Labor, May 26, 1995. 49 

Pages. 

MSHA. 2001. Report of Investigation Fatal 

Underground Coal Mine Explosions. No. 

5 Mine Jim Walter Resources, Inc. Brook 

Wood, Tuscaloosa County, Alabama, ID 

NO. 01–01322. U.S. Department of 

Labor, December 11, 2002. 125 Pages. 

NIOSH. 2009. Recent Coal Dust Particle Size 

Surveys and the Implications for Mine 

Explosions. (74 FR 42317) August 21, 

2009. 

Sunstein C. 2004. Valuing Life: A Plea for 

Disaggregation. Duke Law Journal, 54 

(November 2004): 385–445. 

U.S. Bureau of Economic Analysis (2010). 

National Income and Product Accounts 

Table: Table 1.1.9. Implicit Price 

Deflators for Gross Domestic Product 

[Index numbers, 2005=100]. Revised 

May 27, 2010. http://www.bea.gov/ 

national/nipaweb/TableView.asp?

SelectedTable=13&Freq=Qtr&First

Year=2006&LastYear=2008. 

Viscusi, W. & Aldy, J (2003) ‘‘The Value of 

a Statistical Life: A Critical Review of 

Market Estimates Throughout the 

World’’, Journal of Risk and Uncertainty, 

(27:5–76). 

X. Emergency Temporary Standard— 

Regulatory Text 

List of Subjects in 30 CFR Part 75 

Mine safety and health, Underground 

coal mines, Combustible materials and 

rock dusting. 

Joseph A. Main, 

Assistant Secretary of Labor for Mine Safety 

and Health. 

■ Chapter I of Title 30, part 75 of the 

Code of Federal Regulations is amended 

as follows: 

PART 75—SAFETY STANDARDS FOR 

UNDERGROUND COAL MINES 

■ 1. The authority citation for part 75 

continues to read as follows: 

Authority: 30 U.S.C. 811, 864. 

■ 2. Revise § 75.403 to read as follows: 

§ 75.403 Maintenance of incombustible 

content of rock dust. 

Where rock dust is required to be 

applied, it shall be distributed upon the 

top, floor, and sides of all underground 

areas of a coal mine and maintained in 

such quantities that the incombustible 

content of the combined coal dust, rock 

dust, and other dust shall be not less 

than 80 percent. Where methane is 

present in any ventilating current, the 

percent of incombustible content of 

such combined dust shall be increased 

0.4 percent for each 0.1 percent of 

methane. 

[FR Doc. 2010–23789 Filed 9–21–10; 11:15 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0705] 

RIN 1625–AA00 

Safety Zone; Blue Angels at Kaneohe 

Bay Air Show, Oahu, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two temporary safety zones 

while the U.S. Navy Blue Angels 

Squadron conducts aerobatic 

performances over Kaneohe Bay, Oahu, 

Hawaii. These safety zones are 

necessary to protect watercraft and the 

general public from hazards associated 

with the U.S. Navy Blue Angels aircraft 

low flying, high powered jet aerobatics 

over open waters. 

DATES: This rule is effective from 9 a.m. 

on September 24, 2010, through 7 p.m. 

on September 26, 2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2010–0705 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0705 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Lieutenant 

Commander Marcella Granquist, 

Waterways Management Division, U.S. 

Coast Guard Sector Honolulu, telephone 

808–842–2600, e-mail 

Marcella.A.Granquist@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 18, 2010, we published a 

notice of proposed rulemaking (NPRM) 

entitled: Safety Zone; Blue Angels at 

Kaneohe Bay Air Show, Oahu, HI in the 

Federal Register (75 FR 159). We 

received no comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register because the duration to 

complete meetings with local 

stakeholders, required before a safety 

zone could be designated, did not afford 

the time needed before the rulemaking 

process could be completed to protect 

watercraft and the general public from 

hazards associated with the U.S. Navy 

Blue Angels aerial aerobatics. 

Basis and Purpose 

On July 20, 2010, Kaneohe Bay Air 

Show 2010 coordinators informed the 

U.S. Coast Guard of a State of Hawaii 

approved Air Show plan that include an 

aerial performance ‘‘show box’’ 

extending beyond the Kaneohe Bay 

Naval Defensive Sea Area (NDSA) as 

established by Executive Order No. 8681 

of February 14, 1941. Within this ‘‘show 

box’’, the U.S. Navy Blue Angels 

Squadron will conduct aerobatic 

performances, exhibiting their aircraft’s 

maximum performance capabilities, 

over Kaneohe Bay, Oahu, Hawaii during 

a 3-day period. Taking into account the 

hazards associated within this ‘‘show 

box’’ during the Squadron’s high 

powered, multiple jet aircraft 

performances, and that Kaneohe Bay 

normally experiences heavy waterway 

traffic during weekends, two safety 

zones for the portions of the ‘‘show box’’ 

that extend beyond the Kaneohe Bay 

NDSA was determined to be appropriate 

by the Captain of the Port so as to 

ensure the safety of all watercraft and 

the general public during the 

performances. 


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