Mine Rescue Teams [Proposed Rules] [09/06/2007]

MSHA Proposed Rule

Mine Rescue Teams [09/06/2007]

[PDF Version]

Volume 72, Number 172, Page 51319-51338

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Part IV

Department of Labor

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Mine Safety and Health Administration

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30 CFR Parts 49 and 75

Mine Rescue Teams and Equipment; Proposed Rules

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 49 and 75

RIN 1219-AB53

Mine Rescue Teams

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Proposed rule; notice of public hearings; close of comment
period.

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SUMMARY: The proposed rule would revise MSHA's existing standards for
mine rescue teams for underground coal mines. It would strengthen
training requirements and address composition, availability, and
certification requirements for coal mine rescue teams. This proposed
rule would implement the provisions of the Mine Improvement and New
Emergency Response Act of 2006 (MINER Act) to improve overall mine
rescue service; improve mine emergency response time; improve mine
rescue team effectiveness; and increase the quantity and quality of
mine rescue team training.

DATES: All comments must be sent on or before November 9, 2007. MSHA
will hold four public hearings on October 23, October 25, October 30,
and November 1, 2007. Details about the public hearings are in the
``Supplementary Information'' section of this document.

ADDRESSES: Comments must be clearly identified with ``RIN 1219-AB53''
and may be sent to MSHA by any of the following methods:
(1) Federal e-Rulemaking Portal: http://www.regulations.gov. Follow

the instructions for submitting comments.
(2) Electronic mail: zzMSHA-comments@dol.gov. Include ``RIN 1219-
AB53'' in the subject line of the message.
(3) Facsimile: 202-693-9441. Include ``RIN 1219-AB53'' in the
subject line of the message.
(4) Regular Mail: MSHA, Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939.
(5) Hand Delivery or Courier: MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia. Stop at the 21st floor to sign in at the
receptionist's desk and wait for an escort.
Information Collection Requirements: Comments concerning the
information collection requirements of this proposed rule must be
clearly identified with ``RIN 1219-AB53'' and sent to both the Office
of Management and Budget (OMB) and MSHA. Comments to OMB may be sent by
mail addressed to the Office of Information and Regulatory Affairs,
Office of Management and Budget, New Executive Office Building, 725
17th Street, NW., Washington, DC 20503, Attn: Desk Officer for MSHA.
Docket: Comments can be accessed electronically at http://www.msha.gov
under the Rules and Regs link. MSHA will post all comments

on the Internet without change, including any personal information
provided. Comments may also be reviewed at the Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia. Stop at the 21st floor to sign in at the
receptionist's desk and wait for an escort.
Mailing List: MSHA maintains a list that enables subscribers to
receive e-mail notification when rulemaking documents are published in
the Federal Register. To subscribe, go to http://www.msha.gov under the

Mailing List link.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances, MSHA, at
silvey.patricia@dol.gov (internet e-mail), 202-693-9440 (voice), or

202-693-9441 (facsimile).

SUPPLEMENTARY INFORMATION:

Outline of the Preamble

This outline will assist the mining community in finding
information in this preamble.

I. Introduction.
II. Statutory and Rulemaking Background.
III. Section-by-Section Analysis.
A. Technical Amendments to Existing Standards.
B. Subpart B--Mine Rescue Teams for Underground Coal Mines;
Amendments to Existing Requirements.
C. Subpart B--Mine Rescue Teams for Underground Coal Mines;
Additional MINER Act Provisions.
IV. Regulatory Economic Analysis.
A. Executive Order 12866.
B. Population at Risk.
C. Costs.
D. Benefits.
V. Feasibility.
A. Technological Feasibility.
B. Economic Feasibility.
VI. Regulatory Flexibility Act and Small Business Regulatory
Enforcement Fairness Act.
A. Definition of a Small Mine.
B. Factual Basis for Certification.
VII. Paperwork Reduction Act of 1995.
VIII. Other Regulatory Considerations.
A. The Unfunded Mandates Reform Act of 1995.
B. The Treasury and General Government Appropriations Act of
1999: Assessment of Federal Regulations and Policies on Families.
C. Executive Order 12630: Government Actions and Interference
with Constitutionally Protected Property Rights.
D. Executive Order 12988: Civil Justice Reform.
E. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks.
F. Executive Order 13132: Federalism.
G. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

I. Introduction

The Mine Improvement and New Emergency Response Act of 2006 became
effective on June 15, 2006 (MINER Act). The goal of the MINER Act is
``to improve the safety of mines and mining.'' To accomplish this goal,
the MINER Act includes provisions to improve mine emergency response
time, improve mine rescue team effectiveness, and increase the quantity
and quality of mine rescue team training.
Section 4 of the MINER Act requires MSHA to publish regulations on
mine rescue teams by December 2007. Because the mine rescue team
provisions contained in section 4 of the MINER Act apply only to
underground coal mines, this proposed rule would affect those mines and
the mine rescue teams that cover them.

Public Hearings

MSHA will hold four public hearings concerning the proposed rule.
The hearings will be held as follows:

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Date Location Contact
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October 23, 2007, 9 a.m. to 1 p.m........ Little America Hotel, 500 South Main Street, Salt 801-596-5700
Lake City, UT 84101.
October 25, 2007, 9 a.m. to 1 p.m........ Four Points by Sheraton Lexington, 1938 Stanton Way, 859-259-1311
Lexington, KY 40511.
October 30, 2007, 9 a.m. to 1 p.m........ Charleston Civic Center, West Virginia Room 105, 200 304-345-1500
Civic Center Drive, Charleston, WV 25301.
November 1, 2007, 9 a.m. to 1 p.m........ Sheraton Birmingham Hotel, 2101 Richard Arrington 205-324-5000
Boulevard, North Birmingham, AL 35203.
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The hearings will begin with an opening statement from MSHA,
followed by an opportunity for members of the public to make oral
presentations to the hearing panel. Requests to speak at a hearing
should be made at least 5 days prior to the hearing date. Requests to
speak may be made by telephone (202-693-9440), facsimile (202-693-
9441), or mail (MSHA, Office of Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-3939). Any
unallocated time at the end of each hearing will be made available to
persons making same-day requests to speak.
The presiding official may limit presentations and exclude
irrelevant or unduly repetitious material and questions to ensure the
orderly progress of the hearings. The hearing panelists may ask
questions of speakers. Speakers and other attendees may present written
information to the MSHA panel for inclusion in the rulemaking record.
MSHA will accept post-hearing written comments and data for the record
from any interested party, including those not presenting oral
statements, until the close of the comment period on November 9, 2007.
The hearings will be conducted in an informal manner. Formal rules
of evidence and cross examination will not apply. MSHA will make
transcripts of the hearings, post them on MSHA's Web site http://www.msha.gov
, and include them in the rulemaking record.

II. Statutory and Rulemaking Background

In accordance with section 115(e) of the Federal Mine Safety and
Health Act of 1977 (Mine Act), MSHA issued standards in 30 CFR part 49
for mine rescue teams in underground coal and metal and nonmetal mines
(45 FR 47002, July 11, 1980). Part 49 contains requirements addressing
the three essential elements of effective mine rescue teams: (1) Ready
availability; (2) proper equipment; and (3) basic levels of skills and
training.
After several underground coal mine disasters in 2006, Congress
passed and the President signed the MINER Act. Section 4 of the MINER
Act requires that the Secretary issue regulations for mine rescue teams
by December 2007. The MINER Act also requires that any new standards
not waive training requirements for existing teams.

III. Section-by-Section Analysis

The MINER Act requires underground coal mine operators to use mine
rescue teams that meet specific requirements for certification,
composition, availability, and training. As specified by the MINER Act,
MSHA is proposing additional standards for mine rescue teams for
underground coal mines.

A. Technical Amendments to Existing Standards

This proposed rule would make no substantive change to requirements
for mine rescue teams at underground metal and nonmetal mines. MSHA is
proposing the following non-substantive organizational changes to the
existing standards.
For clarity, MSHA proposes to add a heading designating
the existing standards as Subpart--A--Mine Rescue Teams for Underground
Metal and Nonmetal Mines. This proposed rule would make no changes to
Sec. Sec. --49.1 through 49.9.
MSHA proposes to delete Sec. 49.10 Effective date. The
effective date language is obsolete.

B. Subpart B--Mine Rescue Teams for Underground Coal Mines; Amendments
to Existing Requirements

MSHA is proposing a new subpart B that would contain all the
standards applicable to mine rescue teams for underground coal mines.
Subpart B would contain the existing requirements renumbered as
Sec. Sec. 49.11 through 49.19, with modifications to achieve the goals
of the MINER Act and to address the unique conditions present in
anthracite coal mines. The proposal reserves Sec. 49.14 because it is
not applicable to underground coal mines.
In addition, to address the new MINER Act provisions, subpart B
contains the following five new standards:

Sec. 49.20 Requirements for all coal mines.
Sec. 49.30 Requirements for small coal mines.
Sec. 49.40 Requirements for large coal mines.
Sec. 49.50 Certification of coal mine rescue teams.
Sec. 49.60 Requirements for local mine rescue contests.
1. New Subpart B and the Reorganization of Part 49
MSHA requests comments on the proposed re-organizational change to
30 CFR part 49. MSHA specifically solicits comments on the approach
taken in this proposal, that is, retaining all existing standards as a
separate subpart A applicable to underground metal and nonmetal mines
and creating a new separate subpart B containing existing standards and
proposed new MINER Act provisions for underground coal mines. The
Agency also is considering an alternative that would retain the
existing standards in subpart A, applicable to all underground mines,
and add a new subpart B, applicable only to underground coal mines, to
address MINER Act requirements.
MSHA also is requesting comments on whether this proposed rule will
result in different approaches to providing mine rescue services and,
if so, what those approaches would be. The Agency believes that the new
requirements in the MINER Act might result in providers of mine rescue
services seeking alternative methods of providing these services. This
issue will be discussed in more detail later in the preamble.
2. Section 49.11 Purpose and Scope
MSHA proposes to add the phrase, ``as amended by the Mine
Improvement and New Emergency Response Act of 2006,'' to update Sec.
49.11 Purpose and scope. This change is a technical amendment. The
proposed rule also would number the existing paragraph (a) and add a
new paragraph (b). Paragraph (b) would contain a table to provide mine
operators a quick visual summary of their new compliance obligations
under the MINER Act. As noted in the table (Table 49.11):

Team members of State-sponsored teams who are full-time State
employees whose primary job duties include (1) inspecting
underground mines for compliance with State safety laws or (2)
training mine rescue teams or (3) conducting mine safety training or
(4) other similar duties that would enhance their mine rescue
knowledge may substitute their regular job experience for 50 percent
of the training requirements (annual training which includes mine
rescue contests and mine-site training) for non-State employee mine
rescue team members.

MSHA requests comments on this provision, particularly on allowing
experience to substitute for 50 percent of the training requirements.
3. Section 49.12(b) Alternative Composition Requirements for Mine
Rescue Teams for Anthracite Coal Mines
Existing Sec. 49.2(b) requires mine rescue teams to have five
members and one alternate. MSHA is proposing this requirement for
underground coal mines as Sec. 49.12(b) and would add a provision
specifically to address underground anthracite coal mines that have no
electrical equipment at the face or working section.
Because mining methods and conditions in underground anthracite
coal mines are unique, anthracite mine operators have been granted
petitions for modification under section 101(c) of the Mine Act
allowing mine rescue teams covering these mines to be

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comprised of three members each and one alternate team member to serve
both teams. In support of these petitions, anthracite mine operators
cited the following:
Most anthracite mines are not highly mechanized.
Production and maintenance work is done largely by hand, using simple
hand tools and equipment. Anthracite mines may have no underground
electric power or may have power only at the bottom of the hoist slope.
Typically, extraction occurs in a single face or
production area. Many anthracite mines are developed only short
distances underground, rarely more than several thousand feet.
Anthracite seams dip steeply and are often near vertical.
Openings are narrow and constricted. Access between levels is by means
of hardwood ladders through small, steeply pitched openings.
The hoist bucket, used to transport personnel, typically
can accommodate no more than four persons.
Rock dusting is not required because of the extremely low
combustibility of anthracite coal, caused by its low volatile content.
The average underground anthracite mine employs four
miners.
In the past 20 years, no more than one mine rescue team
has been needed in the anthracite region for rescue and recovery
activities. Further, no more than three rescue team members have
entered a working place at the same time during such activities.
In accordance with section 101(c) of the Mine Act, MSHA
investigated each petition of Sec. 49.2(b) from these small,
underground anthracite coal mines and made the following finding:

Considering this confirmation and the narrow width and
constricted openings, the limited capacity of hoist conveyances, the
pitched seam, the short travel distance from the slope bottom to the
working face, and the low combustibility of anthracite coal,
petitioner's alternative method of two mine rescue teams with three
members each is as safe as maintaining two teams of five members. As
such, it achieves the result of the standard to ensure the
availability of mine rescue capability for purposes of emergency
rescue and recovery.

On the basis of the petitions and the findings of its
investigations, MSHA granted 22 petitions for modification of Sec.
49.2(b) that allow anthracite coal mines to operate under the approved
alternate method. Currently, 10 underground anthracite coal mines
operate under this approved alternative method.
The proposed rule would allow anthracite coal mines, which have no
electrical equipment at the face or working section, to have two mine
rescue teams consisting of at least three members per team and one
alternate shared between both teams. This proposed provision is
consistent with the action taken in existing petitions for
modification.
4. Section 49.12(c) Alternative Experience Requirement for Members of
Contract Mine Rescue Teams
Existing Sec. 49.2(c) requires mine rescue team members to have
been employed in an underground mine for at least 1 year within the
past 5 years. MSHA is proposing this requirement for underground coal
mines as Sec. 49.12(c) and would add a provision specifically to
implement the requirement in the MINER Act for members of contract mine
rescue teams. The MINER Act requires that members of contract mine
rescue teams have ``a minimum of 3 years underground coal mine
experience that shall have occurred within the 10-year period preceding
their employment on the contract mine rescue team.''
The proposed rule would retain the existing provision that, for the
purpose of mine rescue work only, miners who are employed on the
surface but work regularly underground can use that time to meet the
experience requirement. MSHA also would waive the underground
experience requirement for those miners on a mine rescue team on the
effective date of the rule.
5. Section 49.12(f) Available Within 1 Hour Ground Travel Time From the
Mine Rescue Station
Existing Sec. 49.2(f) requires that no mine served by a mine
rescue team shall be located more than 2 hours ground travel time from
the mine rescue station with which the rescue team is associated. MSHA
is proposing this requirement for underground coal mines as Sec.
49.12(f). Proposed Sec. 49.12(f) revises existing Sec. 49.2(f) to
include the MINER Act requirement that the mine rescue team be
available at the underground coal mine within 1 hour ground travel time
from the mine rescue station. This change from 2 hours to 1 hour ground
travel time between the mine and its mine rescue station is intended to
ensure that a team will arrive at the mine more quickly in case of a
mine emergency.
MSHA projects that the availability of a team within 1 hour ground
travel time from the station to the covered mine would result in the
establishment of 28 additional mine rescue stations. This estimate is
based on the general locations of mines and mine rescue stations,
without consideration of road or traffic conditions, and the experience
and expertise of MSHA's technical staff in the Office of Coal Mine
Safety and Health. The Agency solicits comment on whether some existing
stations may need to be moved to meet this requirement. MSHA also
solicits comment on whether mine operators will encounter any
difficulties in meeting the requirements of the proposal. MSHA
specifically requests information, from members of the mining community
affected by this provision, on the number of additional mine rescue
teams and stations that would be needed to comply with this new
requirement. MSHA is particularly interested in: (1) How compliance
would be achieved; (2) location of new rescue stations; (3) make-up and
composition of new teams; and (4) any other information that might be
useful. MSHA is also interested in feasibility information, including
economic feasibility. The Agency requests that commenters include
specific information, such as cost or technical capability, in support
of their positions.
6. Section 49.13 Alternative Mine Rescue Capability for Small and
Remote Mines
Existing Sec. 49.3 provides alternative capability for small and
remote mines and is proposed as Sec. 49.13 for underground coal mines.
Proposed paragraphs (a) and (c)(3) would be revised to be consistent
with the 1-hour requirement of the MINER Act. These provisions would
require 1 hour ground travel time from the mine rescue station to the
covered mine and that the operator's application include the total
underground employment of any mines within 1 hour of the operator's
mine. Proposed paragraph (c)(2) would be revised to require that the
operator include the location of the mine rescue station serving the
mine.
7. Section 49.14 [Reserved]
Existing Sec. 49.4 provides alternative mine rescue capability for
special mining conditions. The proposed rule would not include this
provision in subpart B because it is not applicable to underground coal
mines.
8. Section 49.15(a) Mine Rescue Station
Existing Sec. 49.5(a) requires operators of underground coal mines
to designate, in advance, the location of the mine rescue station
serving the mine, except where alternative compliance is permitted.
Proposed Sec. 49.15(a) would require every operator of an
underground mine to designate, in advance, the location of

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the mine rescue station serving the mine. The proposal would delete the
exception related to alternative compliance. This proposed provision is
consistent with the goals of the MINER Act.
9. Section 49.16(a) Alternative Equipment Requirement for Anthracite
Mines
Existing Sec. 49.6(a) requires mine rescue stations to have
specific amounts of equipment that are appropriate for two mine rescue
teams composed of five members and one alternate. MSHA is proposing
this requirement for underground coal mines as Sec. 49.16(a) and
adding a provision specifically to address underground anthracite coal
mines that have no electrical equipment at the face or working section.
Because MSHA allows mine rescue teams for underground anthracite
coal mines, which have no electrical equipment at the face or working
section, to have three members for each team and one alternate to serve
both teams, anthracite mine operators have submitted petitions for
modification under section 101(c) of the Mine Act to MSHA to allow the
mine rescue station to maintain eight self-contained oxygen breathing
apparatus and eight cap lamps and a charging station, rather than
twelve of each as required by the existing standard.
In accordance with section 101(c) of the Mine Act, MSHA
investigated each petition and made the following finding:

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 these petitions and the findings of its
investigation, MSHA granted 17 petitions for modification of Sec.
49.6(a)(1) and (5) that allow each mine rescue station for anthracite
coal mines to have eight self-contained oxygen breathing apparatus,
eight cap lamps, and a charging rack, as the approved alternative
method. Currently, 10 underground anthracite coal mines operate under
this approved alternative method.
Proposed Sec. 49.16(a) would require that mine rescue stations
covering anthracite coal mines that have no electrical equipment at the
face or working section have at least the amount of equipment
appropriate for the number of mine rescue team members, consistent with
the action taken in existing petitions for modification. For three-
person teams and one alternate, this would mean seven self-contained
oxygen breathing apparatus and seven cap lamps; equipment required per
team rather than per team member, such as gas detectors, may not be
reduced.
10. Section 49.18(b) Training for Mine Rescue Teams
Under the existing standard, after completion of the initial
training, all team members must ``receive at least 40 hours of
refresher training annually. This training shall be given at least 4
hours each month, or for a period of 8 hours every 2 months.'' For
underground coal mines, this training includes training requirements in
existing Sec. 49.8(b)(1) through (b)(5), which would be redesignated
as Sec. 49.18(b)(1) through (b)(5) in this proposal.
The proposed rule would add a new paragraph (b)(6), which is
consistent with the goals of the MINER Act. It would require all mine
rescue team members, at least once during each 12-month period, to
participate in training that includes wearing mine rescue apparatus
while in smoke, simulated smoke, or an equivalent environment. While
some mine operators or training facilities may use actual smoke,
operators can use a nontoxic smoke, such as theatrical smoke, which is
harmless. An equivalent environment could include, for example,
training with glasses or face shields that reduce vision and simulate
smoke. This requirement would assure that mine rescue team members are
trained in realistic conditions.
This proposal also would increase the existing annual training
requirement from 40 to 64 hours, given at 8 hours every 2 months. This
increase is in response to requirements in the MINER Act for additional
mine rescue team training.
The MINER Act requires that team members be familiar with
operations of covered mines, have knowledge of the operation and
ventilation of covered mines, and train at covered mines. The MINER Act
requires mine rescue team members to participate in two mine rescue
contests each year. MSHA has determined that an additional 24 hours
training per year is necessary to cover training requirements in the
MINER Act, including participation in two mine rescue contests.
Therefore, a minimum of 64 hours of refresher training is necessary to
accommodate the existing and new MINER Act mine rescue team training
requirements.
MSHA has reviewed the Mine Safety Technology and Training
Commission (Commission) report on Improving Mine Safety Technology and
Training: Establishing U.S. Global Leadership (2006). This report
contained a number of recommendations addressing the training of mine
rescue teams. One recommended that the ``minimum amount of training
required of mine rescue team members should be increased to eight hours
per month,'' for a total of 96 hours annually. MSHA's proposal takes
the Commission's recommendation into consideration.
Although the proposal includes 64 hours of training, MSHA requests
comment on the proposed 64-hour training requirement. Specifically, the
Agency is interested in comment pertaining to whether the proposed
amount should be increased or decreased in the final rule. Commenters
should specifically address: the rationale for the amount of training;
the type of training; the number of hours of training that should be
required for specific activities; and the impact of such a requirement
on the mining industry's ability to form additional mine rescue teams
or retain current mine rescue team members.
Proposed paragraph Sec. 49.18(d) has been revised to be consistent
with the goals of the MINER Act by requiring the training courses to be
conducted by instructors who have been employed in an underground mine
and have had a minimum of 1 year experience as a mine rescue team
member or mine rescue instructor within the past 5 years. This
requirement is necessary to ensure that mine rescue team members are
instructed by persons with practical mine rescue experience. Mine
rescue team instructors who have received MSHA approval prior to the
effective date of the final rule would not have to meet these new
requirements.

C. Subpart B-Mine Rescue Teams for Underground Coal Mines; Additional
MINER Act Provisions

Section 4 of the MINER Act requires the following:
MSHA must establish, and update every 5 years thereafter,
criteria to certify the qualifications of mine rescue teams. MSHA is
proposing new Sec. 49.50 to address the criteria for certifying the
qualifications of coal mine rescue teams.
Underground coal mine operators must have an employee
knowledgeable in mine emergency response who is employed at the mine on
each shift and make available two certified mine rescue teams whose
members are available at the mine within 1 hour ground travel time from
the mine rescue

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station. MSHA is proposing changes to existing Sec. 75.1501(a) to
address the requirement for an ``employee knowledgeable in mine
emergency response.''
Mine rescue team members must be knowledgeable,
experienced, and trained; participate in two mine rescue contests per
year; and participate in mine rescue training at each covered mine.
MSHA is proposing Sec. Sec. 49.30 and 49.40 to address these
qualification and training-related requirements for small and large
underground coal mines, respectively. In addition, MSHA is proposing
Sec. 49.60 to address requirements for a local mine rescue contest.
1. Section 75.1501(a) Person Knowledgeable in Mine Emergency Response
The MINER Act requires the operator to have a person employed on
each shift who is knowledgeable in mine emergency response. The
responsible person required by existing 30 CFR 75.1501 would meet some
of the requirements of this provision. Existing Sec. 75.1501(a)
requires that--

MSHA is proposing to amend Sec. 75.1501(a) to require that the
responsible person also have current knowledge about the mine's
Emergency Response Plan and Mine Rescue Notification Plan. Under
section 2 of the MINER Act, all underground coal mine operators must
adopt an Emergency Response Plan, which must be approved by MSHA. MSHA
provides guidance to mine operators for preparing Emergency Response
Plans in a Program Policy Letter (PPL P06-V-10, 10/24/2006), and in the
Program Information Bulletin on Breathable Air (PIB 07-03, 02/08/2007).
The PPL and PIB are available on the MINER Act Single Source Page at
http://www.msha.gov.

MSHA is also proposing to require that the responsible person be
trained annually in mine emergency response coordination and
communication. In the event of a mine emergency, the responsible person
must be able to quickly initiate the Emergency Response Plan. New
requirements have been added to existing Sec. 75.1501 to ensure that
the responsible person understands and has knowledge of the procedures
and steps necessary to effectively respond to a mine emergency. The
responsible person must receive training in the following: organizing a
command center; directing firefighting personnel; deploying
firefighting equipment; directing mine rescue personnel; establishing a
fresh air base; deploying mine rescue teams; providing for mine gas
sampling and analysis; establishing security; initiating an emergency
mine evacuation; contacting emergency personnel; and communicating
appropriate information related to the emergency. This additional
training will enhance the responsible person's knowledge in mine
emergency response and will assure appropriate actions are taken in
emergency situations.
The proposed rule is performance-oriented and, therefore, does not
prescribe the duration of this training. Instead, the proposal allows
the operator to provide training appropriate to the unique conditions
of the mine and the experience of the miner being trained. The proposal
includes topics required to be addressed in the training. MSHA expects
the operator to assure that the responsible person is adequately
prepared to respond appropriately to mine emergencies. Consistent with
other MSHA training requirements, the proposed rule would require that
the operator certify by signature and date after each responsible
person has completed the training and that the certification be kept at
the mine for 1 year.
2. Section 49.20 Requirements for All Coal Mines
Proposed Sec. 49.20 would address MINER Act provisions that are
the same for all underground coal mine rescue teams, regardless of the
size of the operation. It would require the operator to make available
two certified mine rescue teams whose members are familiar with the
operations of each coal mine covered by the mine rescue team,
participate annually in two local mine rescue contests, and train at
the covered mines. The proposed rule contains criteria for the
certification of mine rescue teams for underground coal mines as Sec.
49.50 and requirements for a local mine rescue contest as Sec. 49.60
of this subpart.
a. Section 49.20(a)(1) Familiarity with Operations of Covered Mines.
MSHA considers ``familiarity'' with the operations of the covered
mine as first-hand experience of the underground mining conditions and
operations at a particular mine. MSHA expects that team members who
work at the covered mine would be familiar with that mine's conditions
and operations through participation in mine rescue training and
quarterly mine evacuation drills at the mine. Team members who do not
work at the covered mine would need to become familiar with its
operations by participating in mine rescue training at the mine. This
training would include: identifying the designated escapeways, intakes,
returns, the ventilation system, locations and types of fire fighting
equipment, the communication system, mine-wide monitoring system, and
the type of transportation equipment used at the mine. Also, team
members would need to be familiar with the location of the mine rescue
station, stored SCSRs, breathable air, hardened rooms, and other
emergency response equipment or supplies.
MSHA recognizes that the amount of time required to familiarize
teams with a particular mine will vary, depending on mining conditions.
For example, more complex mines and newer team members may require more
time. For this reason, MSHA is not proposing a minimum amount of time
for mine rescue team training underground at covered mines. MSHA
expects the operator to evaluate each team member to determine the
amount of training necessary for that person to become familiar with
operations at the covered mine.
b. Section 49.20(a)(2) Participation in Two Local Mine Rescue Contests.
The MINER Act adds a new training requirement that mine rescue team
members must participate in two local mine rescue contests annually.
Mine rescue contests are designed to sharpen skills and test the
knowledge of team members who would be called on to respond to a mine
emergency. Historically, mine rescue contests have provided individuals
with practical, hands-on experience and are one of the most effective
forms of training. Some team members who are regular participants in
contests have been called on in recent years to perform actual mine
rescue and recovery work. They have done so successfully and training
exercises, such as mine rescue contests, were essential to maintaining
a well-prepared team.
For the purpose of this requirement, MSHA would consider a two-day
contest, with a different competition and simulated mine rescue
exercise on each day, as two contests if the team participated on both
days. MSHA

[[Page 51325]]

expects that this would minimize costs for many teams, while providing
necessary training, because the team would have travel costs for only
one trip, rather than two trips. Another potential benefit is that this
provision would minimize team members'' absence from their mines where
they are available to respond in the event of an emergency.
c. Section 49.20(b) Requirements for Types of Mine Rescue Teams
The MINER Act introduces new terms to describe different types of
mine rescue teams: mine-site, composite, contract, and State-sponsored
teams.
A mine-site team is made up of team members who work at
the mine and train at least annually at the covered mine.
A composite team provides coverage for multiple mines and
has team members which include at least two active employees from each
covered mine who have knowledge of the operations and ventilation of
the covered mine and train semi-annually at the covered mine. A
composite team can be a multiple employer team, a team that provides
coverage for multiple mines owned by the same operator, or a State-
sponsored team.
A contract team is a mine rescue team that is provided by
an arrangement with another coal mine or with a third party. Members of
a contract team mine must have at least 3 years underground coal mine
experience within the 10-year period preceding their employment on the
contract mine rescue team. Contract teams would have to have knowledge
of the operations and ventilation of the covered mine and train
quarterly at a covered large mine and semi-annually at a covered small
mine. Although the MINER Act uses the phrase ``commercial mine rescue
team provided by contract,'' the proposal refers to these teams as
contract teams provided through an arrangement with another mine or a
third party.
A State-sponsored team is made up of State employees who
train at least annually at the covered mine.
MSHA invites comment regarding the types of State relationships
with teams and team members that would qualify the team members as
``employees'' and the team as ``State-sponsored.'' MSHA invites comment
regarding the types of teams that are available to mines having 36 or
fewer employees who could qualify to be a mine rescue team member and
whether these mines should be able to use other types of teams, such as
teams consisting of one miner per covered mine.
d. Knowledge of Operations and Ventilation at the Covered Mine
The MINER Act requires members of mine rescue teams covering small
underground coal mines, and composite and contract teams covering large
underground coal mines, to have knowledge of the operations and
ventilation at each covered mine. MSHA expects that this requirement
would be met when each team member reviews the mine's ventilation plan,
mine maps, roof or ground control plans, and mine emergency evacuation
plans. MSHA also expects that team members who work at the mine would
generally meet this requirement because they participate in the
quarterly mine emergency evacuation training and drills.
e. Mine Rescue Team Training at Each Covered Mine
The MINER Act requires members of mine rescue teams to participate
in training at each covered mine. MSHA interprets this to mean that at
least one of the training sessions must be conducted underground at the
covered mine. The number of training sessions required at the covered
mine would depend on the mine size and type of mine rescue team. In
accordance with the MINER Act, the Agency includes the following chart
to illustrate the required number of training sessions at each covered
mine each year by mine size and type of mine rescue team.

Table 1.--Frequency of Training for Mine Rescue Team Members at Each Covered Underground Coal Mine Each Year
----------------------------------------------------------------------------------------------------------------
Mine size
Type of team -------------------------------------------------------------------------
Large (>36) Small ([lE]36)
----------------------------------------------------------------------------------------------------------------
Mine Site............................. 1 (annually).......................... 2 (semi-annually).
Composite............................. 2 (semi-annually)..................... 2 (semi-annually).
Contract.............................. 4 (quarterly)......................... 2 (semi-annually).
State-sponsored....................... 1 (annually).......................... 2 (semi-annually).
----------------------------------------------------------------------------------------------------------------

MSHA notes that the MINER Act requires mine rescue teams servicing
mines with 36 or fewer employees to train at each covered mine semi-
annually. This requirement would appear to mean that mine-site teams
and State-sponsored teams, which are required to train at large mines
annually, would have to train at small mines semi-annually if they
service small mines. Although it is unclear why this added burden is
placed on small mines, MSHA included this provision, consistent with
the MINER Act. MSHA invites comment regarding this matter. Commenters
should explain any suggested alternatives, including supporting
documentation and data. MSHA also requests comment on whether this
training needs to be conducted underground at the covered mine.
f. Integration of Mine Rescue Team Training Requirements
As discussed earlier, the MINER Act requires two new categories of
training for mine rescue team members: participation in mine rescue
contests and participation in training at the covered mines. These
additional requirements complement the existing training in Sec. 49.8,
proposed as Sec. 49.18 for underground coal mine rescue teams. The
existing standard requires training sessions underground every 6
months; and team members to wear breathing apparatus for a minimum of 2
hours every 2 months. MSHA anticipates that operators will integrate
the new requirements, including mine rescue training at the covered
mines, with these existing requirements.
3. Section 49.30 Requirements for Small Coal Mines
Proposed Sec. 49.30 would be applicable to each underground coal
mine that has 36 or fewer employees who could qualify to be a mine
rescue team member. The MINER Act requires that members of mine rescue
teams covering these small mines know the operations and ventilation of
the mine.

[[Page 51326]]

4. Section 49.40 Requirements for Large Coal Mines
Proposed Sec. 49.40 would be applicable to each underground coal
mine that has more than 36 employees who could qualify to be a mine
rescue team member. The MINER Act requires that the mine operator of a
large mine designate either an individual mine-site team or a composite
team as one of the two mine rescue teams. The second mine rescue team
can be a mine-site, composite, contract, or State-sponsored team.
5. Section 49.50 Certification of Mine Rescue Teams
Section 4 of the MINER Act requires MSHA to establish, and update
every 5 years thereafter, criteria to certify the qualifications of
mine rescue teams. It also requires each operator of an underground
coal mine to designate two certified mine rescue teams. The proposed
certification criteria include a certification statement, equipment and
training requirements, and the frequency of certification. The proposal
would require that a mine operator certify that each of the mine's two
designated mine rescue teams meet the requirements of this section. To
meet the proposed requirement, the mine operator must submit an annual
certification statement to the District Manager. MSHA requests comments
on other alternatives for certification of mine rescue teams.
MSHA is proposing that, to be certified, the mine rescue team must
be available when miners are underground and within 1-hour ground
travel time from the mine rescue station to the mine; team members must
be physically fit, experienced working in an underground mine, and
properly trained; and the mine rescue station must be adequately
equipped. The criteria for these qualifications are contained in the
existing and proposed standards. For ease of understanding, the Agency
has developed a chart in which the proposed rule lists the criteria for
annual certification of mine rescue teams by the section number of the
existing and proposed standards in 30 CFR part 49. This chart is
proposed as Sec. 49.50, Table-49.50: Criteria to Certify the
Qualifications of Mine Rescue Teams.
MSHA has developed certification forms that operators may use to
assist them in complying with this section. These optional forms are
attached as an appendix to this rule. MSHA would provide the forms in
an electronic format and allow electronic filing. MSHA has posted the
forms on its Web site at http://www.msha.gov for comment and would

welcome any suggestions. MSHA would accept certification statements in
all formats, both electronic and paper.
6. Section 49.60 Requirements for a Local Mine Rescue Contest
Coal mine rescue team members must participate in two local mine
rescue contests annually. The proposed rule includes criteria for a
local mine rescue contest. The proposed rule also requires that the
mine operator provide information concerning the schedule of upcoming
local mine rescue contests to the District Manager when requested. MSHA
specifically requests comments on the following criteria for a local
mine rescue contest:
The contest must be conducted in the United States and use
MSHA-recognized rules.
The contest must include a minimum of three competing mine
rescue teams.
Team members must have the necessary equipment to
participate in a simulated mine rescue exercise; participate in a
simulated mine rescue exercise while being timed and observed by
trained judges who evaluate the performance of each team and provide
written feedback; and wear oxygen breathing apparatus.
Contest judges must have completed annual training for
mine rescue contest judges.
a. Criteria for a Local Mine Rescue Contest.
Contest Rules. MSHA-recognized rules are developed annually by the
National Mine Rescue Contest Rules Committee, comprised of mine rescue
associations and individuals from MSHA, State agencies, academia, and
the mining industry. MSHA publishes these National rules on its Web
site at http://www.msha.gov/MineRescue/CONTEST and gives training on

them for any interested persons each year at the National Mine Health
and Safety Academy. MSHA would allow contest organizers to use the
National Mine Rescue Contest Rules and other rules recognized by MSHA.
A consistent set of recognized rules would help mine rescue teams work
together more efficiently and effectively when responding to a mine
emergency.
Three Teams. In MSHA's experience, a mine rescue contest must have
at least three teams competing to provide a meaningful competition and
learning opportunity. Mine rescue contests are a vital element in
improving mine rescue team expertise. They increase mine rescue skills,
build team cohesiveness and trust, and broaden problem-solving
abilities. Requiring a minimum of three teams would reduce the
possibility of a competition between teams only from the same mine and
promote competitions among teams in close geographic proximity.
Team Members. Even though participation in a mine rescue contest is
considered a training exercise, team members must be prepared to
compete as if the contest were a real mine emergency. Team members must
have the necessary equipment to participate in a simulated mine rescue
exercise. Participation in a simulated mine rescue exercise while being
timed, observed, and judged provides a measure of stress. The mine
rescue contest is an opportunity to test the team member's level of
knowledge and skill under simulated mine emergency conditions. The
ability to make correct decisions quickly, while under stress and
wearing breathing apparatus, is a vital skill for each mine rescue team
member to develop.
Judges. In order for judges to administer the mine rescue contest
fairly and provide appropriate and meaningful feedback, judges should
have a strong background in contest rules and critiquing team member
performance. Each year, MSHA provides training at the National Mine
Health and Safety Academy for MSHA, State, industry, mine rescue team
personnel, simulated mine rescue exercise designers, and other
interested parties. This training is provided under a train-the-trainer
concept, thereby expanding the reach of the training. Persons attending
this training are then qualified to provide training to judges at the
local level. The training is titled, ``National Mine Rescue Rules and
Interpretations Training.'' This training is also Web cast to Western
Kentucky; Denver, Colorado; Birmingham, Alabama; and Price, Utah. This
training also includes time for a question and answer discussion.
The Agency solicits comments on whether there should be a minimum
amount of annual training prescribed for contest judges. In MSHA's
experience, training on contest rules and interpretations provides the
necessary background for evaluating and critiquing mine rescue team
performance. MSHA is considering allowing attendance at this training
to satisfy the requirement for annual training for judges. MSHA
requests comments on this approach or whether some other training is
more appropriate for mine rescue contest judges.
b. Notifying MSHA. The proposed rule requires mine operators to
notify the appropriate District Manager, on

[[Page 51327]]

request, when and where their designated teams plan to participate in
mine rescue contests. This notice would allow MSHA to attend the
contest and provide assistance. MSHA could verify that the contest
meets the requirements of Sec. 49.60 and achieves its purpose to
increase mine rescue skills, build team cohesiveness and trust, and
broaden problem-solving abilities.
c. Alternative to Participation in Local Mine Rescue Contests.
This proposal allows alternatives to local mine rescue contests so
long as the training provides equivalent skills development. Under the
proposal, Mine Emergency Response Development (MERD) drills could count
as equivalent training when the team participates in a realistic
simulation exercise, such as fire and explosion drills, while wearing
breathing apparatus. Other training that provides an equivalent
realistic simulation exercise, such as fire and explosion drills, can
substitute for participation in a local mine rescue contest. MSHA would
allow actual underground participation in a rescue or recovery
operation as a substitute for participation in a local mine rescue
contest. MSHA requests comments on other alternatives to participation
in local mine rescue contests.

IV. Preliminary Regulatory Economic Analysis

A. Executive Order 12866

Executive Order (E.O.) 12866 as amended by E.O. 13258 (Amending
Executive Order 12866 on Regulatory Planning and Review) requires that
regulatory agencies assess both the costs and benefits of regulations.
To comply with E.O. 12866, MSHA has prepared a Preliminary Regulatory
Economic Analysis (PREA) for the proposed rule. The PREA contains
supporting data and explanation for the summary materials presented in
this preamble, including the covered mining industry, costs and
benefits, feasibility, small business impacts, and paperwork. The PREA
is located on MSHA's Web site at http://www.msha.gov/REGSINFO.HTM. A

printed copy of the PREA can be obtained from MSHA's Office of
Standards, Regulations, and Variances at the address in the ADDRESSES
section of this preamble.
Executive Order 12866 classifies a rule as a significant regulatory
action requiring review by the Office of Management and Budget if it
has an annual effect on the economy of $100 million or more; creates a
serious inconsistency or interferes with an action of another agency;
materially alters the budgetary impact of entitlements or the rights of
entitlement recipients; or raises novel legal or policy issues. Based
on the PREA, MSHA has determined that the proposed rule would not have
an annual effect of $100 million or more on the economy and that,
therefore, it is not an economically ``significant regulatory action''
pursuant to section 3(f) of E.O. 12866. MSHA, however, has concluded
that the proposed rule is otherwise significant under Executive Order
12866 because it raises novel legal or policy issues.

B. Population at Risk

The proposed rule would apply to 653 underground coal mines and
cover 42,597 miners and 8,250 (non-office) contractors working at them.
Table 2 shows a summary distribution of mines, underground employment,
costs attributed to this proposal, and revenues for these underground
coal mines.

Table 2.--Summary Data for Underground Coal Mines
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Mine size A Number of mines Total number of employees B Annual revenue Annual cost Cost per mine
miners B underground (billions) (millions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1-19........................................ 220 2,255 1,952 $0.3 $0.7 $3,100
20-500...................................... 420 32,852 29,742 9.8 2.3 5,500
>500........................................ 13 7,490 6,503 3.0 0.1 7,300
All Mines................................... 653 42,597 38,197 13.1 3.1 4,700
--------------------------------------------------------------------------------------------------------------------------------------------------------
A Size based on total mine employment, excluding office workers.
B Does not include 8,250 (non-office) contractor employees, 4,096 of which work underground.

C. Costs

As shown in Table 3, MSHA estimates that the proposed rule would
result in total yearly costs for the underground coal mining industry
of approximately $3.1 million. Disaggregated by mine size, yearly costs
would be $0.7 million (or approximately $3,100 per mine) for mine
operators with fewer than 20 employees; $2.3 million (or about $5,500
per mine) for mine operators with 20-500 employees; and $0.1 million
(or about $7,300 per mine) for mine operators with more than 500
employees. All cost estimates are presented in 2005 dollars.

[[Page 51328]]

[GRAPHIC] [TIFF OMITTED] TP06SE07.001

Specific to the mine rescue team proposed rule, MSHA has broken
down total compliance costs for mines with 1-36 employees and mines
with 37 or more employees. Of the $3.1 million total yearly cost of the
proposed rule, underground coal mines with 1-36 employees would incur
costs of approximately $1.3 million per year and underground coal mines
with 37 or more employees would incur costs of approximately $1.8
million per year.
In addition, the proposed rule would impose costs on State-
sponsored mine rescue teams. As shown in Table 4, the total yearly cost
of the proposed rule for State-sponsored mine rescue teams would be
about $132,000. Of this, $89,000 would be for training and $43,000
would be for participation in two local mine rescue contests.
[GRAPHIC] [TIFF OMITTED] TP06SE07.002

These cost estimates are based on a variety of key assumptions
regarding the response of industry and States to the proposed rule: (1)
28 mine rescue stations would be added to the 92 stations currently
serving underground coal mines; (2) an additional 56 mine rescue teams
would be formed; (3) none of the existing 145 mine rescue teams would
disband; and (4) the additional mine rescue teams would not impose any
costs on mine operators other than those itemized in the PREA. In
addition, although MSHA is aware that the requirements in the proposed
rule may place some pressure on States to increase the number of State-
sponsored mine rescue teams and stations, MSHA assumed no change in the
existing provision of these services in response to the proposed rule.
MSHA solicits comments on these and all other assumptions and data used
in the PREA.

D. Benefits

The purpose of this proposed rule is to enhance the availability
and effectiveness of mine rescue teams in the event of an emergency
situation at an underground coal mine. Mine operators often rely on
mine rescue teams to save miners during an underground emergency such
as an explosion, fire, roof fall, or water inundation. In such a
situation, the timely arrival of a properly-trained mine rescue team
can sometimes mean the difference between life and death. In most
instances, other types of rescue units, e.g., a rescue squad from the
local fire department, are unlikely to have the specialized training
and equipment to respond effectively to an emergency due to the
hazardous nature of the underground coal mine environment.
A good mine rescue team will have knowledge and familiarity with
the mine layout, including the location of working sections, mining
equipment, fire-fighting equipment, first aid supplies, transportation,
escapeways, and emergency shelters; know the mine's roof conditions and
ventilation system; and have an established working relationship with
mine management and among the team members. These factors provide for
more efficient decision-making during an emergency and increased
confidence in the personnel who implement these decisions.
MSHA has qualitatively determined that the proposed rule would make
coal mine rescue teams better able to respond to emergencies when a
quick response by rescue teams is vital to miners. The proposed rule
would improve overall mine rescue service in three areas:
It would improve mine emergency response time by requiring
that mine rescue team members be available at the mine within 1 hour
ground travel time from the mine rescue station.
It would increase the quality and effectiveness of
training by requiring team members to be familiar with the covered
mines'' operations, participate in training at the covered mines, and
participate in two local mine rescue contests.
It would strengthen the requirements for knowledge and
experience of mine rescue team

[[Page 51329]]

members by requiring them to have knowledge of the operations and
ventilation of the covered mines and by requiring contract team members
to have at least 3 years underground coal mine experience within the
10-year period preceding their employment on the contract team.
The proposed rule also would increase awareness of the mine
operator by requiring the mine operator to provide two certified mine
rescue teams and to have a person knowledgeable in mine emergency
response on each shift. The proposal includes criteria for certifying
the mine rescue teams and clarifies training requirements for the
knowledgeable person.
Team members employed at a given mine are exceptionally
knowledgeable in mine gases, ventilation, first aid, and other health
and safety subjects as they apply generally and at that specific mine.
Their level of mine rescue training, combined with their everyday
presence during the normal work cycle, provides an added measure of
safety for each worker at the mine.

V. Feasibility

MSHA has concluded that the requirements of the proposed rule are
technologically and economically feasible.

A. Technological Feasibility

This proposed rule is not a technology-forcing standard and does
not involve new scientific knowledge. The requirements of the rule
involve training and purchase of equipment and a requirement that the
mine rescue station be located closer, within 1 hour (rather than 2
hours) ground travel time to the covered mines. MSHA projects that this
requirement would necessitate additional mine rescue stations and mine
rescue teams. MSHA has concluded that the proposed rule is
technologically feasible.

B. Economic Feasibility

The total cost of the proposed rule is approximately $3.1 million
annually for all underground coal mine operators. These compliance
costs are well under one percent of the yearly revenues of $13.1
billion for these underground coal mine operators. MSHA concludes that
the amount of these costs supports its finding that the proposed rule
is economically feasible. MSHA solicits comments on this issue.

VI. Regulatory Flexibility Act and Small Business Regulatory
Enforcement Fairness Act

Pursuant to the Regulatory Flexibility Act (RFA) of 1980, as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA), MSHA analyzed the impact of the proposed rule on small
entities. Based on that analysis, MSHA notified the Chief Council for
Advocacy, Small Business Administration (SBA), and made the
certification under the Regulatory Flexibility Act at 5 U.S.C. 605(b)
that the proposed rule would not have a significant economic impact on
a substantial number of small entities. The factual basis for this
certification is presented in full in Chapter V of the PREA and in
summary form below.

A. Definition of a Small Mine

Under the RFA, in analyzing the impact of a proposed rule on small
entities, MSHA must use the Small Business Administration's (SBA's)
definition for a small entity, or after consultation with the SBA
Office of Advocacy, establish an alternative definition for the mining
industry by publishing that definition in the Federal Register for
notice and comment. MSHA has not established an alternate definition
and is required to use the SBA definition. The SBA defines a small
entity in the mining industry as an establishment with 500 or fewer
employees.
MSHA has also examined the impact of this proposed rule on
underground coal mines with fewer than 20 employees, which MSHA has
traditionally referred to as ``small mines.'' These small mines differ
from larger mines not only in the number of employees, but also in
economies of scale in material produced, in the type and amount of
production equipment, and in supply inventory. Therefore, the cost of
complying with MSHA's proposed rule and the impact of the proposed rule
on small mines will also be different. It is for this reason that small
mines are of special concern to MSHA.
In addition, MSHA has examined the cost of compliance for
underground coal mines with 36 or fewer employees, consistent with the
requirements of the MINER Act, to ensure that the proposed rule would
not significantly and adversely impact this subset of mines. Thus, the
detailed factual basis below also shows the economic impact on
underground coal mines with 36 or fewer employees.

B. Factual Basis for Certification

MSHA initially evaluates the economic impact of a rule on ``small
entities'' by comparing the estimated costs of the rule for small
entities to their estimated revenues. When estimated costs are less
than one percent of estimated revenues for the size categories
considered, MSHA believes it is generally appropriate to conclude that
there is no significant economic impact on a substantial number of
small entities. If the estimated costs are equal to or exceed one
percent of revenues, MSHA will investigate whether a further analysis
is required. For this proposed rule, MSHA has determined that the
estimated costs are less than one percent of the estimated revenues.
Therefore, MSHA certifies that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
Coal mining revenues are derived from data on the price of coal and
total coal production. Total underground coal production in 2006 was
359 million tons. The price of underground coal in 2005 was $36.42 per
ton.\1\ Thus, based on the total amount of coal production and the cost
of coal per ton, the total estimated revenue in 2006 for underground
coal production was $13.1 billion. Using the same approach, the
estimated 2005 underground coal revenue by employment size category is
approximately $0.3 billion for 220 mines with 1-19 employees, $1.3
billion for 368 mines with 1-36 employees, and $10.1 billion for 640
mines with 1-500 employees.
---------------------------------------------------------------------------

\1\ U.S. Dept. of Energy, Energy Information Administration,
``Annual Coal Report 2005,'' Table 28, October 2006.
---------------------------------------------------------------------------

The proposed rule would result in an average yearly cost per
underground coal mine of $3,074 for mines with 1-19 employees; $3,231
for mines with 1-36 employees; and $4,680 for mines with 1-500
employees. The average yearly cost per mine for all underground coal
mines is $4,733. When dividing the yearly compliance costs by the
annual revenues in each mine size category, the cost of the rule for
underground coal mines is 0.24% of revenues for mines with 1-19
employees, 0.10% of revenues for mines with 1-36 employees, and 0.03%
of revenues for mines with 1-500 employees. The cost as a percentage of
revenues for all underground coal mines would be approximately 0.02%.
When applying MSHA's and SBA's definition of small entities, the
annual cost of the proposed rule to small mines is substantially less
than one percent of their estimated annual revenues. The proposed rule,
therefore, would not have a significant economic impact on a
substantial number of small entities. Accordingly, MSHA has certified
that the proposed rule would not have a significant economic impact on
a substantial number of small entities that are covered by the proposed
rule.

[[Page 51330]]

VII. Paperwork Reduction Act of 1995

1. Summary

The mine rescue team proposed rule would continue the existing
paperwork burden requirements and impose several new paperwork burden
requirements. Proposed Sec. 49.16 would continue to require
certification of inspection and testing of breathing apparatus, as well
as a record of any corrective action taken for breathing apparatus.
Proposed Sec. 49.18 would continue to require preparation of training
materials for new mine rescue team members and a record of each new
mine rescue team member's training. The Office of Management and Budget
(OMB) has approved these requirements, which are in existing Sec. Sec.
49.6 and 49.8, under OMB control number 1219-0078. In addition,
proposed Sec. 49.50 would impose a new annual paperwork burden for
mine operators to certify that each designated mine rescue team meets
the requirements of this part. MSHA has developed optional forms for
the mine operator to use for this certification. Proposed Sec. 75.1501
also would require mine operators to certify that each responsible
person has completed the required mine emergency response training.
Overall, the underground coal industry would incur approximately
2,466 paperwork burden hours in the first year with associated
paperwork burden costs of approximately $83,300. Total burden hours in
the first year consist of two components: first year burden hours and
annual burden hours. Annual burden hours are those that occur every
year. Of the 2,466 burden hours, 39 burden hours would occur in the
first year and every 10 years thereafter with associated costs of
$2,450 (equivalent to $349 of annualized costs). The remaining 2,427
burden hours would occur in the first year and every year thereafter
with associated costs of approximately $83,000.
MSHA projects that the proposed rule would require additional mine
rescue teams and equipment. Existing standards require information
collection for mine rescue teams and equipment. MSHA would add the
information collection burden for additional teams and equipment to
that approved under existing Office of Management and Budget (OMB)
control number 1219-0078.
For a detailed explanation of how the burden hours and related
costs were calculated, see Chapter VII of the Preliminary Regulatory
Economic Analysis (PREA) accompanying this proposed rule. The PREA is
posted on MSHA's Web site at http://www.msha.gov/REGSINFO.HTM. A print

copy of the PREA can be obtained from MSHA's Office of Standards,
Regulations, and Variances at the address provided in the ADDRESSES
section of this preamble.

2. Procedural Details

The information collection package has been submitted to OMB for
review under 44 U.S.C. 3504, paragraph (h) of the Paperwork Reduction
Act of 1995, as amended. A copy of the information collection package
can be obtained from the Department of Labor by electronic mail request
to king.darrin@dol.gov or by phone request to 202-693-4129.
MSHA requests comments to:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the Agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Comments on the information collection requirements should be sent
to both OMB and MSHA. Addresses for both offices can be found in the
ADDRESSES section of this preamble. The regulated community is not
required to respond to any collection of information unless it displays
a current, valid, OMB control number. MSHA displays OMB control numbers
in 30 CFR part 3.

VIII. Other Regulatory Considerations

A. The Unfunded Mandates Reform Act of 1995

MSHA has reviewed the proposed rule under the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1501 et seq.). The proposed rule would not
increase private sector expenditures by more than $100 million
annually; nor would it significantly or uniquely affect small
governments. The proposed rule may result in increased expenditures by
State, local, or tribal governments, however, because it places new
requirements on underground coal mine operators in providing and
training mine rescue teams. These proposed changes would not directly
affect States or their relationships with the national government;
however, some States sponsor mine rescue teams. In the spirit of the
Unfunded Mandates Reform Act, MSHA specifically solicits comments on
this proposed rule from State officials.

B. The Treasury and General Government Appropriations Act of 1999:
Assessment of Federal Regulations and Policies on Families

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 proposed agency actions on family well-being. MSHA has determined
that this proposed rule would have no effect on family stability or
safety, marital commitment, parental rights and authority, or income or
poverty of families and children. Accordingly, MSHA certifies that this
proposed rule would not impact family well-being.

C. Executive Order 12630: Government Actions and Interference With
Constitutionally Protected Property Rights

This proposed rule would not implement a policy with takings
implications. Accordingly, E.O. 12630 requires no further Agency action
or analysis.

D. Executive Order 12988: Civil Justice Reform

This proposed rule was written to provide a clear legal standard
for affected conduct and was carefully reviewed to eliminate drafting
errors and ambiguities, so as to minimize litigation and undue burden
on the Federal court system. Accordingly, this proposed rule would meet
the applicable standards provided in Section 3 of E.O. 12988.

E. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

This proposed rule would have no adverse impact on children.
Accordingly, E.O. 13045 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

[[Page 51331]]

having ``substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
The proposed rule would place new requirements on underground coal mine
operators in providing and training mine rescue teams. These proposed
changes would not directly affect States or their relationships with
the federal government. Although the proposed rule does not directly
affect States, some States sponsor mine rescue teams. Consistent with
the spirit of E.O. 13132, MSHA specifically solicits comments on this
proposed rule from State officials.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

This proposed rule would not have ``tribal implications,'' because
it would not ``have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal government and Indian tribes.'' Accordingly, E.O. 13175
requires no further Agency action or analysis.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

Executive Order 13211 requires agencies to publish a statement of
energy effect when a rule has a significant energy action that
adversely affects energy supply, distribution, or use. MSHA has
reviewed the proposed rule for its impact on the supply, distribution,
and use of energy because it applies to the underground coal mining
industry. MSHA has concluded that this proposed rule is not a
significant energy action because it would not have a significant
adverse effect on the supply, distribution, or use of energy. Further,
because this proposed rule would result in yearly costs of
approximately $3.1 million to the underground coal mining industry,
relative to annual revenues of $13.1 billion in 2006, it would not be a
significant energy action because it would not be likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Accordingly, E.O. 13211 requires no further Agency action.

List of Subjects in 30 CFR Part 49

Education and training, Mine safety and health, Reporting and
recordkeeping requirements.

Dated: August 29, 2007.
Richard E. Stickler,
Assistant Secretary for Mine Safety and Health.
For the reasons set out in the preamble, and under the authority of
the Federal Mine Safety and Health Act of 1977 as amended by the Mine
Improvement and New Emergency Response Act of 2006, MSHA is proposing
to amend chapter 1 of title 30 of the Code of Federal Regulations as
follows.

PART 49--MINE RESCUE TEAMS

1. The authority for part 49 is revised to read as follows:

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

Subpart A--Mine Rescue Teams for Underground Metal and Nonmetal
Mines

2. Add a new subpart A with the heading as shown above consisting
of existing Sec. Sec. 49.1 through 49.9.

Sec. 49.10 [Removed]

3. Remove Sec. 49.10.
4. Add new subpart B to read as follows:

Subpart B--Mine Rescue Teams for Underground Coal Mines

Sec.
49.11 Purpose and scope.
49.12 Availability of mine rescue teams.
49.13 Alternative mine rescue capability for small and remote mines.
49.14 Reserved.
49.15 Mine rescue station.
49.16 Equipment and maintenance requirements.
49.17 Physical requirements for mine rescue team.
49.18 Training for mine rescue teams.
49.19 Mine emergency notification plan.
49.20 Requirements for all coal mines.
49.30 Requirements for small coal mines.
49.40 Requirements for large coal mines.
49.50 Certification of coal mine rescue teams.
49.60 Requirements for a local mine rescue contest.
Appendix to Part 49 Subpart B: Optional Forms for Certifying Mine
Rescue Teams.

Subpart B--Mine Rescue Teams for Underground Coal Mines

Sec. 49.11 Purpose and scope.

(a) This subpart implements the provisions of section 115(e) of the
Federal Mine Safety and Health Act of 1977 as amended by the Mine
Improvement and New Emergency Response Act of 2006 (MINER Act). Every
operator of an underground coal mine shall assure the availability of
mine rescue capability for purposes of emergency rescue and recovery.
(b) The following Table 49.11 summarizes the new requirements for
mine rescue teams contained in section 4 of the MINER Act.

Table 49.11--Summary of New MINER Act Requirements for Underground Coal Mine Operators and Mine Rescue Teams.
----------------------------------------------------------------------------------------------------------------
Type of Mine Rescue Team
Requirement ------------------------------------------------------------------------------
Mine-site Composite Contract State-sponsored*
----------------------------------------------------------------------------------------------------------------
Team members must participate at YES............... YES............... YES............... YES
least annually in two local mine
rescue contests.
Team members must participate in Annually at Large Semi-annually..... Quarterly at Large Annually at Large
mine rescue training at the Mines. Mines. Mines
underground coal mine covered by Semi-annually at Semi-annually at Semi-annually at
the mine rescue team. Small Mines. Small Mines. Small Mines
Teams must be available at the YES............... YES............... YES............... YES
mine within 1 hour ground travel
time from the mine rescue
station.
Team members must be YES............... YES............... YES............... YES
knowledgeable about the
operations and ventilation of
the covered mines.
Teams must have team members .................. YES............... .................. .................
which include at least two
active employees from each of
the covered mines.

[[Page 51332]]

Team must be comprised of persons .................. .................. YES............... .................
with a minimum of 3 years
underground coal mine experience
that shall have occurred within
the 10-year period preceding
their employment on the contract
mine rescue team.
All mine operators must provide for two certified mine rescue teams. Large mine operators shall provide one team
that is either an individual mine-site mine rescue team or a composite team.
----------------------------------------------------------------------------------------------------------------
*Note: Team members of State-sponsored teams who are full-time State employees whose primary job duties include
(1) inspecting underground mines for compliance with State safety laws or (2) training mine rescue teams or
(3) conducting mine safety training or (4) other similar duties that would enhance their mine rescue knowledge
may substitute their regular job experience for 50 percent of the training requirements (annual training which
includes mine rescue contests and mine-site training) for non-State employee mine rescue team members.

Sec. 49.12 Availability of mine rescue teams.

(a) Except where alternative compliance is permitted for small and
remote mines (Sec. 49.13), every operator of an underground mine
shall:
(1) Establish at least two mine rescue teams which are available at
all times when miners are underground; or
(2) Enter into an arrangement for mine rescue services which
assures that at least two mine rescue teams are available at all times
when miners are underground.
(b) Each mine rescue team shall consist of five members and one
alternate who are fully qualified, trained, and equipped for providing
emergency mine rescue service. Mine rescue teams for anthracite coal
mines, which have no electrical equipment at the face or working
section, shall consist of at least three members per team and one
alternate that may be shared between both teams.
(c) To be considered for membership on a mine rescue team, each
person must have been employed in an underground mine for a minimum of
1 year within the past 5 years, except that members of contract mine
rescue teams shall have a minimum of 3 years underground coal mine
experience that shall have occurred within the 10-year period preceding
their employment on the contract mine rescue team. For the purpose of
mine rescue work only, miners who are employed on the surface but work
regularly underground shall meet the experience requirement. The
underground experience requirement is waived for those miners on a mine
rescue team on the effective date of this rule.
(d) Each operator shall arrange, in advance, ground transportation
for rescue teams and equipment to the mine or mines served.
(e) Upon the effective date of this part, the required rescue
capability shall be present at all existing underground mines, upon
initial excavation of a new underground mine entrance, or the re-
opening of an existing underground mine.
(f) No mine served by a mine rescue team shall be located more than
1 hour ground travel time from the mine rescue station with which the
rescue team is associated.
(g) As used in this part, mine rescue teams shall be considered
available where teams are capable of presenting themselves at the mine
site(s) within a reasonable time after notification of an occurrence
which might require their services. Rescue team members will be
considered available even though performing regular work duties or in
an off-duty capacity. The requirement that mine rescue teams be
available shall not apply when teams are participating in mine rescue
contests or providing services to another mine.
(h) Each operator of an underground mine who provides rescue teams
under this section shall send the District Manager a statement
describing the mine's method of compliance with this part. The
statement shall disclose whether the operator has independently
provided mine rescue teams or entered into an agreement for the
services of mine rescue teams. The name of the provider and the
location of the services shall be included in the statement. A copy of
the statement shall be posted at the mine for the miners' information.
Where a miners' representative has been designated, the operator shall
also provide the representative with a copy of the statement.

Sec. 49.13 Alternative mine rescue capability for small and remote
mines.

(a) If an underground mine is small and remote, an operator may
provide for an alternative mine rescue capability. For the purposes of
this part only, consideration for small and remote shall be given where
the total underground employment of the operator's mine and any
surrounding mine(s) within 1 hour ground travel time of the operator's
mine is less than 36.
(b) An application for alternative mine rescue capability shall be
submitted to the District Manager for the district in which the mine is
located for review and approval.
(c) Each application for an alternative mine rescue capability
shall contain:
(1) The number of miners employed underground at the mine on each
shift;
(2) The location of the designated mine rescue station serving the
mine;
(3) The total underground employment of mines within 1 hour ground
travel time of the operator's mine;
(4) The operator's mine fire, ground, and roof control history;
(5) The operator's established escape and evacuation plan;
(6) A statement by the operator evaluating the usefulness of
additional refuge chambers to supplement those which may exist;
(7) A statement by the operator as to the number of miners willing
to serve on a mine rescue team;
(8) The operator's alternative plan for assuring that a suitable
mine rescue capability is provided at all times when miners are
underground; and
(9) Other relevant information about the operator's mine which may
be requested by the District Manager.
(d) A copy of the operator's application shall be posted at the
mine. Where a miners' representative has been designated, the operator
shall also provide the representative with a copy of the application.
(e) In determining whether to approve an application for
alternative compliance, the District Manager shall consider:

[[Page 51333]]

(1) The individual circumstances of the small and remote mine;
(2) Comments submitted by, or on behalf of, any affected miner; and
(3) Whether the alternative mine rescue plan provides a suitable
rescue capability at the operator's mine.
(f) Where alternative compliance is approved by MSHA, the operator
shall adopt the alternative plan and post a copy of the approved plan
(with appropriate MSHA mine emergency telephone numbers) at the mine
for the miners' information. Where a miners' representative has been
designated, the operator shall also provide the representative with a
copy of the approved plan.
(g) The operator shall notify the District Manager of any changed
condition or factor materially affecting information submitted in the
application for alternative mine rescue capability.
(h)(1) An approved plan for alternative mine rescue capability
shall be subject to revocation or modification for cause by MSHA, where
it is determined that a condition or factor has changed which would
materially alter the operator's mine rescue capability. If such action
is contemplated, the operator will be notified, and given an
opportunity to be heard before the appropriate District Manager.
(2) If an application for alternative compliance is denied or
revoked, the District Manager shall provide the reason for such denial
or revocation in writing to the operator. The operator may appeal this
decision in writing to the Administrator for Coal Mine Safety and
Health.

Sec. 49.14 [Reserved]

Sec. 49.15 Mine rescue station.

(a) Every operator of an underground mine shall designate, in
advance, the location of the mine rescue station serving the mine.
(b) Mine rescue stations are to provide a centralized storage
location for rescue equipment. This centralized storage location may be
either at the mine site, affiliated mines, or a separate mine rescue
structure.
(c) Mine rescue stations shall provide a proper storage environment
to assure equipment readiness for immediate use.
(d) Authorized representatives of the Secretary shall have the
right of entry to inspect any designated mine rescue station.

Sec. 49.16 Equipment and maintenance requirements.

(a) Each mine rescue station shall be provided with at least the
following equipment. Mine rescue stations serving underground
anthracite coal mines, which have no electrical equipment at the face
or working section, shall have at least the amount of equipment
appropriate for the number of mine rescue team members.
(1) Twelve self-contained oxygen breathing apparatus, each with a
minimum of 2 hours capacity (approved by MSHA and NIOSH under 42 CFR
part 84, subpart H), and any necessary equipment for testing such
breathing apparatus;
(2) A portable supply of liquid air, liquid oxygen, pressurized
oxygen, oxygen generating or carbon dioxide absorbent chemicals, as
applicable to the supplied breathing apparatus and sufficient to
sustain each team for 6 hours while using the breathing apparatus
during rescue operations;
(3) One extra oxygen bottle (fully charged) for every six self-
contained compressed oxygen breathing apparatus;
(4) One oxygen pump or a cascading system, compatible with the
supplied breathing apparatus;
(5) Twelve permissible cap lamps and a charging rack;
(6) Two gas detectors appropriate for each type of gas which may be
encountered at the mines served;
(7) Two oxygen indicators or two flame safety lamps;
(8) One portable mine rescue communication system (approved under
part 23 of this title) or a sound-powered communication system. The
wires or cable to the communication system shall be of sufficient
tensile strength to be used as a manual communication system. These
communication systems shall be at least 1,000 feet in length; and
(9) Necessary spare parts and tools for repairing the breathing
apparatus and communication system.
(b) Mine rescue apparatus and equipment shall be maintained in a
manner that will ensure readiness for immediate use. A person trained
in the use and care of breathing apparatus shall inspect and test the
apparatus at intervals not exceeding 30 days and shall certify by
signature and date that the inspections and tests were done. When the
inspection indicates that a corrective action is necessary, the
corrective action shall be made and the person shall record the
corrective action taken. The certification and the record of corrective
action shall be maintained at the mine rescue station for a period of 1
year and made available on request to an authorized representative of
the Secretary.

Sec. 49.17 Physical requirements for mine rescue team.

(a) Each member of a mine rescue team shall be examined annually by
a physician who shall certify that each person is physically fit to
perform mine rescue and recovery work for prolonged periods under
strenuous conditions. The first such physical examination shall be
completed within 60 days prior to scheduled initial training. A team
member requiring corrective eyeglasses will not be disqualified
provided the eyeglasses can be worn securely within an approved
facepiece.
(b) In determining whether a miner is physically capable of
performing mine rescue duties, the physician shall take the following
conditions into consideration:
(1) Seizure disorder;
(2) Perforated eardrum;
(3) Hearing loss without a hearing aid greater than 40 decibels at
400, 1000, and 2000 Hz;
(4) Repeated blood pressure (controlled or uncontrolled by
medication) reading which exceeds 160 systolic, or 100 diastolic, or
which is less than 105 systolic, or 60 diastolic;
(5) Distant visual acuity (without glasses) less than 20/50 Snellen
scale in one eye, and 20/70 in the other;
(6) Heart disease;
(7) Hernia;
(8) Absence of a limb or hand; or
(9) Any other condition which the examining physician determines is
relevant to the question of whether the miner is fit for rescue team
service.
(c) The operator shall have MSHA Form 5000-3 certifying medical
fitness completed and signed by the examining physician for each member
of a mine rescue team. These forms shall be kept on file at the mine
rescue station for a period of 1 year.

Sec. 49.18 Training for mine rescue teams.

(a) Prior to serving on a mine rescue team each member shall
complete, at a minimum, an initial 20-hour course of instruction as
prescribed by MSHA's Office of Educational Policy and Development, in
the use, care, and maintenance of the type of breathing apparatus which
will be used by the mine rescue team. The initial training requirement
is waived for those miners on a mine rescue team on the effective date
of this rule.
(b) Upon completion of the initial training, all team members shall
receive at least 64 hours of training annually, which shall consist of
refresher training given at 8 hours every 2 months. Refresher training
shall include:
(1) Sessions underground at least once each 6 months;

[[Page 51334]]

(2) The wearing and use of the breathing apparatus by team members
for a period of at least 2 hours while under oxygen every 2 months;
(3) Where applicable, the use, care, capabilities, and limitations
of auxiliary mine rescue equipment, or a different breathing apparatus;
(4) Advanced mine rescue training and procedures, as prescribed by
MSHA's Office of Educational Policy and Development;
(5) Mine map training and ventilation procedures; and
(6) The wearing of mine rescue apparatus while in smoke, simulated
smoke, or an equivalent environment at least once during each 12-month
period.
(c) A mine rescue team member will be ineligible to serve on a team
if more than 8 hours of training is missed during 1 year, unless
additional training is received to make up for the time missed.
(d) The training courses required by this section shall be
conducted by instructors who have been employed in an underground mine
and have had a minimum of 1 year experience as a mine rescue team
member or a mine rescue instructor within the past 5 years and who have
received MSHA approval through one of the following methods:
(1) Completion of an MSHA or State approved instructor's training
course and the program of instruction in the subject matter to be
taught; or
(2) Designation by the District Manager as approved instructors to
teach specific courses, based on their qualifications and teaching
experience outlined above. Previously approved instructors need not be
redesignated to teach the approved courses as long as they have taught
those courses within the 24 months prior to the effective date of this
part.
(e) The District Manager may revoke an instructor's approval for
good cause. A written statement revoking the approval together with
reasons for revocation shall be provided the instructor. The affected
instructor may appeal the decision of the District Manager by writing
to the Administrator for Coal Safety and Health. The Administrator
shall issue a decision on the appeal.
(f) Upon request from the District Manager, the operator shall
provide information concerning the schedule of upcoming training.
(g) A record of training of each team member shall be on file at
the mine rescue station for a period of 1 year.

Sec. 49.19 Mine emergency notification plan.

(a) Each underground mine shall have a mine rescue notification
plan outlining the procedures to follow in notifying the mine rescue
teams when there is an emergency that requires their services.
(b) A copy of the mine rescue notification plan shall be posted at
the mine for the miners' information. Where a miners' representative
has been designated, the operator shall also provide the representative
with a copy of the plan.

Sec. 49.20 Requirements for all coal mines.

(a) The operator of each underground coal mine shall make available
two certified mine rescue teams whose members--
(1) Are familiar with the operations of the mine, and
(2) Participate at least annually in two local mine rescue
contests.
(b) Team members shall meet the following:
(1) Mine-site team. Members who work at the mine and participate in
mine rescue training at the mine at least annually at large mines and
semi-annually at small mines.
(2) Composite team. A mine rescue team that covers multiple mines
and whose members--
(i) Include at least two members from each covered mine,
(ii) Are knowledgeable about the operations and ventilation of the
covered underground coal mines, and
(iii) Participate in mine rescue training at each covered mine at
least semi-annually at large and small mines.
(3) Contract team. A mine rescue team that is provided by an
arrangement with another coal mine or with a third party and whose
members--
(i) Are knowledgeable about the operations and ventilation of the
covered underground coal mine, and
(ii) Participate in mine rescue training at a covered large mine at
least quarterly and at a covered small mine at least semi-annually.
(4) State-sponsored team. Members who are State employees and
participate in mine rescue training at a covered large mine at least
annually and at a covered small mine at least semi-annually.

Sec. 49.30 Requirements for small coal mines.

At mines with 36 or fewer employees, mine rescue team members shall
be knowledgeable about the operations and ventilation of the mine.

Sec. 49.40 Requirements for large coal mines.

At mines with more than 36 employees, one of the two certified mine
rescue teams shall be an individual mine-site team or a composite team.

Sec. 49.50 Certification of coal mine rescue teams.

For each mine rescue team designated to provide mine rescue
coverage at an underground coal mine, the mine operator shall send the
District Manager an annual statement certifying that each team meets
the requirements of this part as listed in the following Table 49.50.

Table 49.50.--Criteria To Certify the Qualifications of Mine Rescue
Teams
------------------------------------------------------------------------
Qualification Criteria (30 CFR)
------------------------------------------------------------------------
(a) Team Members
------------------------------------------------------------------------
(1) Except where alternative compliance is 49.12(a)
permitted, team has at least five members 49.12(b)
and one alternate..
(2) Members are physically fit............. 49.17
(3) Members have experience working in an 49.12(c)
underground coal mine..
(4) Members are familiar with the 49.20(a)(1)
operations of the mine..
(5) Members are knowledgeable about the 49.20(b)(2)(ii)
operations and ventilation of the mine.. 49.20(b)(3)(i)
49.30
(6) Members are properly trained........... 49.18
(7) Members participate in mine rescue 49.20(b)(1)
training at the mine.. 49.20(b)(2)(iii)
49.20(b)(3)(ii)
49.20(b)(4)
49.30

[[Page 51335]]

(8) Members participate in at least two 49.20(a)(2)
mine rescue contests annually..
------------------------------------------------------------------------
(b) Team Availability
------------------------------------------------------------------------
(1) Team is available at all times when 49.12(a)
miners are underground..
(2) Team is available within 1-hour ground 49.12(f)
travel time from the mine rescue station
to the mine..
------------------------------------------------------------------------
(c) Team Equipment
------------------------------------------------------------------------
Appropriate mine rescue equipment is 49.16
provided, inspected, tested, and
maintained..
------------------------------------------------------------------------

Sec. 49.60 Requirements for a local mine rescue contest.

(a) A local mine rescue contest is one that--
(1) Is conducted in the United States;
(2) Uses MSHA-recognized rules;
(3) Has a minimum of three mine rescue teams competing;
(4) Includes team members who--
(i) Have the necessary equipment to participate in a simulated mine
rescue team exercise,
(ii) Participate in a simulated mine rescue team exercise while
being timed and observed by trained judges who evaluate the performance
of each team and provide written feedback, and
(iii) Wear oxygen breathing apparatus while participating in a
realistic simulation rescue exercise; and
(5) Includes contest judges who have completed annual training for
mine rescue contest judges.
(b) Upon request from the District Manager, the operator shall
provide information concerning the schedule of upcoming mine rescue
contests.
(c) Other training that provides equivalent skills development can
substitute for participation in a local mine rescue contest. Examples
include a Mine Emergency Response Development (MERD) drill or an
equivalent realistic simulation exercise, such as fire and explosion
drills, where the team participates in simulated mine rescue team
exercises and wears breathing apparatus.

Appendix to Part 49 Subpart B: Optional Forms for Certifying Mine
Rescue Teams.

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[[Page 51336]]

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[[Page 51337]]

[GRAPHIC] [TIFF OMITTED] TP06SE07.004

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[[Page 51338]]

PART 75--[AMENDED]

6. The authority for part 75 continues to read as follows:

Authority: 30 U.S.C. 811.

7. Amend Sec. 75.1501 by revising paragraph (a) to read as
follows:

Sec. 75.1501 Emergency evacuations.

(a) For each shift that miners work underground, there shall be in
attendance a responsible person designated by the mine operator to take
charge during mine emergencies involving a fire, explosion or gas or
water inundations.
(1) The responsible person shall have current knowledge of the
assigned location and expected movements of miners underground, the
operation of the mine ventilation system, the location of the mine
escapeways, the mine communications system, any mine monitoring system
if used, locations of firefighting equipment, the mine's Emergency
Response Plan, the Mine Rescue Notification Plan, and the Mine
Emergency Evacuation and Firefighting Program of Instruction.
(2) The responsible person shall be trained annually in mine
emergency response. Training shall include knowledge in the following:
(i) Organizing a command center;
(ii) Directing firefighting personnel;
(iii) Deploying firefighting equipment;
(iv) Directing mine rescue personnel;
(v) Establishing fresh air base;
(vi) Deploying mine rescue teams;
(vii) Providing for mine gas sampling and analysis;
(viii) Establishing security;
(ix) Initiating an emergency mine evacuation;
(x) Contacting emergency personnel; and
(xi) Communicating appropriate information related to the
emergency.
(3) The operator shall certify by signature and date after each
responsible person has completed the training and keep the
certification at the mine for 1 year.
* * * * *
[FR Doc. 07-4317 Filed 9-4-07; 12:30 pm]

BILLING CODE 4510-43-P