MSHA Proposed Rule
Mine Rescue Team Equipment [09/06/2007]
[PDF Version]
Volume 72, Number 172, Page 51338-51347
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 49
RIN 1219-AB56
Mine Rescue Team Equipment
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rule; notice of public hearings; close of comment
period.
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SUMMARY: This proposed rule would amend MSHA's existing standard
addressing mine rescue team equipment at mine rescue stations serving
underground coal and metal and nonmetal mines. MSHA proposes to amend
the existing standard to reflect advances in mine rescue team equipment
technology. The proposed amendments would increase safety and improve
effectiveness of mine rescue teams.
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-AB56''
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-
AB56'' in the subject line of the message.
(3) Facsimile: 202-693-9441. Include ``RIN 1219-AB56'' 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: This proposed rule would not
require any additional paperwork or information collection.
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:
I. Introduction
The existing standards for mine rescue teams contained in 30 CFR
part 49 apply to all underground mines. Part 49 contains requirements
addressing three essential elements of effective mine rescue teams: (1)
Ready availability; (2) proper equipment at mine rescue stations; and
(3) basic levels of skills and training. This proposed rule would
revise and update MSHA's existing standard in 30 CFR part 49 for mine
rescue team equipment. It is critical that mine rescue team members be
provided with the latest in protective equipment so they can safely and
effectively carry out their mission.
Public Hearings
MSHA will hold four public hearings concerning the proposed rule.
The hearings will begin at 2 p.m. and will be held as follows:
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Date Location Contact
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October 23, 2007, 2 p.m. to 6 p.m... Little America Hotel, 500 South Main Street, 801-596-5700
Salt Lake City, UT 84101.
October 25, 2007, 2 p.m. to 6 p.m... Four Points by Sheraton Lexington, 1938 Stanton 859-259-1311
Way, Lexington, KY 40511.
October 30, 2007, 2 p.m. to 6 p.m... Charleston Civic Center, West Virginia Room 304-345-1500
105, 200 Civic Center Drive, Charleston, WV
25301.
November 1, 2007, 2 p.m. to 6 p.m... Sheraton Birmingham Hotel, 2101 Richard 205-324-5000
Arrington Boulevard, North, Birmingham, AL
35203.
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[[Page 51339]]
MSHA has scheduled these hearings so that interested parties can
also attend the public hearings on the Agency's mine rescue team
proposed rule for underground coal mines, which will be held in the
morning on the same dates and in the same locations.
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 at http://www.msha.gov
, and include them in the rulemaking record.
II. Statutory and Rulemaking Background
Historically, most coal and metal and nonmetal (M/NM) mine
disasters have occurred as the result of underground fires or
explosions. Mine rescue teams often place themselves in danger to save
miners injured or trapped underground as the result of these events. As
teams explore the affected mine, they may encounter fires, ground
falls, explosions, and inadequate or no ventilation. During rescue and
recovery activities, team members may have to re-establish ventilation
controls, install or repair ground support, or extinguish fires to
rescue trapped or injured miners. Mine rescue team members must be well
trained and provided with technologically up-to-date equipment so they
can safely and effectively perform mine rescue and recovery activities.
In accordance with section 115(e) of the Federal Mine Safety and
Health Act of 1977 (Mine Act), MSHA issued standards in 30 CFR part 49
for mine rescue teams at underground coal and M/NM mines (45 FR 47002;
July 11, 1980). This proposed rule would update the mine rescue team
equipment standard for M/NM and coal mine rescue teams. These proposed
changes would increase safety and improve the effectiveness of mine
rescue teams in responding to mine emergencies.
III. Background
Past disasters in underground M/NM and coal mines have occurred
primarily due to fires or explosions, which caused mine rescue teams or
trapped miners to encounter high concentrations of toxic gases or
oxygen-deficient atmospheres, among other hazards. Typically, these
emergencies cause methane and carbon monoxide concentrations to become
elevated and oxygen levels to be depleted.
A. Hazardous Gaseous Conditions in Underground Mines
1. Methane
Methane is a colorless and odorless gas. Methane mixtures measuring
between 5 percent and 15 percent in air are explosive. A flammable
mixture of methane and air can be ignited by electric arcs and sparks,
open flames, or friction between the cutting bits of mining equipment
and rock. Methane gas can produce suffocation by reducing the
concentration of oxygen in the atmosphere. Methane gas can be found in
certain M/NM mines that extract and process trona, salt, or petroleum,
and in underground coal mines.
Underground M/NM mines classified in accordance with Sec. 57.22003
as I-A, II-A, III, and V-A are capable of producing methane gas in
explosive concentrations and are commonly referred to as ``gassy''
mines. Underground M/NM mines classified under Sec. 57.22003 as I-B,
I-C, II-B, IV, V-B, and VI are commonly referred to as ``non-gassy''
mines.
Currently, eight underground M/NM mines, classified under Sec.
57.22003 as II-A, III, and V-A, are ``gassy'' mines. There are no
active underground M/NM mines currently classified as I-A. Existing
regulations in 30 CFR part 57 subpart T for these four categories of M/
NM ``gassy'' mines require underground equipment to be approved,
examinations for methane to be conducted at specified intervals, and
the use of MSHA-approved monitoring or remote sensing devices.
Generally, underground coal mines produce high concentrations of
methane. Existing regulations in 30 CFR part 75 for underground coal
mines require underground equipment to be approved, examinations for
methane to be conducted at specified intervals, and the use of MSHA-
approved monitoring or remote sensing devices.
2. Carbon Monoxide
Carbon monoxide is a toxic, colorless, and odorless gas. Fires and
explosions typically produce high concentrations of carbon monoxide.
Exposure to moderate concentrations of carbon monoxide can result in
angina, impaired vision, reduced brain function, disorientation, severe
headaches, dizziness, or faintness. Exposure to high concentrations of
carbon monoxide can be fatal. Effects of carbon monoxide exposure vary
greatly from person to person depending on age and overall health, as
well as the gas concentration and length of exposure. Existing M/NM and
coal standards require that personal exposures to carbon monoxide not
exceed a time-weighted average of 50 parts per million (ppm) over an 8-
hour workday.
3. Oxygen Deficiency
Oxygen deficient atmospheres can be fatal, depending on the
concentration. Oxygen depletion requires two factors to produce a
hazardous condition--oxidation to consume oxygen from the surrounding
air, such as occurs during a fire or explosion, and an inadequate
supply of incoming fresh air to replace oxygen that has been consumed.
Oxygen deficiency can also occur when it is displaced by another gas,
such as methane. Noticeable symptoms, such as faster and deeper
breathing, dizziness, rapid heart beat, and headache occur when air
contains about 15 percent oxygen or less. Unconsciousness and death may
occur when less than 11 percent oxygen is present. Existing MSHA
standards require that at least 19.5 percent oxygen by volume be
maintained in all underground work and travel areas.
B. Single and Multi-Gas Detectors
Some single and multi-gas detectors currently in mine rescue
stations serving underground coal and M/NM mines cannot measure methane
concentrations above 5 percent of volume, its lower explosive limit
(LEL), or fail when exposed to methane concentrations exceeding the
LEL. Other detectors cannot measure high concentrations of carbon
monoxide. A gas detector that does not or cannot function in the high
toxic gas
[[Page 51340]]
concentrations that are typically found in underground M/NM or coal
mines after an explosion or fire would leave a mine rescue team without
a means to measure gas concentrations and make informed decisions while
working in a hazardous environment.
Recent accidents in underground coal mines highlight the need for
mine rescue teams to be equipped with gas detectors capable of
measuring elevated concentrations of hazardous gases, particularly
methane and carbon monoxide, during rescue and recovery activities. For
example, elevated concentrations of methane, which exceeded the LEL of
methane, were found after explosions at the Willow Creek mine in June
2000 and the Jim Walters No. 5 mine in September 2001. Fifteen miners
died as the result of those accidents. In addition, high concentrations
of carbon monoxide exceeding the measurement capability of ``low
range'' detectors were found during initial exploration activities by
mine rescue teams at the Aracoma Alma No. 1 fire in January 2006, which
resulted in the death of two miners. These high concentrations of
carbon monoxide are also likely during and following uncontrolled fires
at M/NM mines.
Multi-gas detectors are instruments that contain from two to four
sensor heads. Depending on the type and model selected, different
sensors can be chosen to measure specific gases and concentration
ranges, based on specific mining conditions. Single-gas and multi-gas
detectors are readily available to measure methane concentrations to
100 percent of volume, oxygen to at least 20 percent of volume, and
carbon monoxide to at least 10,000 ppm.
MSHA approves gas detectors as intrinsically safe for use in
underground coal and ``gassy'' M/NM mines. MSHA-approved, handheld,
single and multi-gas detectors are currently available from a variety
of manufacturers.
IV. Section-by-Section Analysis
MSHA's existing standards require mine rescue stations for
underground mines to stock enough equipment for two mine rescue teams
and supplies to maintain this equipment. This mine rescue team
equipment proposed rule would--
Upgrade requirements for self-contained breathing
apparatus (SCBA) at coal and M/NM mine rescue stations;
Increase the required number of oxygen bottles;
Increase the amount of liquid air, liquid oxygen,
pressurized oxygen, or oxygen generating chemicals, and carbon dioxide
absorbent chemicals to maintain SCBAs for a longer period of time;
Require mine rescue stations to be equipped with four gas
detectors appropriate for each gas which may be encountered at the
mines served and measure specified gases at specified concentrations;
Delete requirements for certain equipment due to advances
in gas detector technology;
Make non-substantive amendments to clarify existing
standards; and
Make organizational changes to provide separate standards
for M/NM mines and coal mines.
MSHA requests comment on whether an oxygen resuscitator should be
provided at the mine rescue station for use by the mine rescue team. In
the past, mine rescue teams have relied on SCSRs or SCBAs to revive or
help survivors breathe during rescue operations following mine fires or
explosions. Use of SCSRs as resuscitators requires the patient to
breathe into the SCSR. This process has been shown to be inefficient
and may require multiple SCSRs. The other alternative currently
available to mine rescue teams is to use a spare mine rescue SCBA,
which weighs over 30 pounds. Lightweight oxygen resuscitators, weighing
about 6 pounds with the oxygen bottle, are now available through at
least one manufacturer.
MSHA requests comment on all of the equipment changes in this
proposed rule.
A. Section 49.6 Equipment and Maintenance Requirements for Metal and
Nonmetal Mine Rescue Stations
1. Section 49.6(a)(1)
MSHA is proposing to amend existing Sec. 49.6(a)(1) to require
mine rescue stations to be equipped with 4-hour self-contained
breathing apparatus (SCBA), rather than 2-hour SCBAs. MSHA would also
change the phrase ``self-contained oxygen breathing apparatus'' to
``self-contained breathing apparatus,'' so the revised language would
be consistent with terminology currently used in the mining industry.
Existing Sec. 49.6(a)(1) requires that mine rescue stations be
provided with 12 self-contained oxygen breathing apparatus (SCBA), each
with a minimum 2-hour capacity, and associated testing equipment. The
existing standard also requires that the apparatus be approved by MSHA
and the National Institute for Occupational Safety and Health (NIOSH)
under 42 CFR part 84 subpart H. Approved 1- and 2-hour SCBAs were used
for mine rescue activities in 1980 when MSHA promulgated the mine
rescue standards in 30 CFR part 49.
MSHA recently conducted a survey of SCBAs located at M/NM mine
rescue stations. The Agency determined that all stations are already
equipped with MSHA and NIOSH approved 4-hour SCBAs. There are currently
no 2-hour SCBAs manufactured for mine rescue applications, which use
oxygen, and which are approved by MSHA and NIOSH under 42 CFR part 84
subpart H. MSHA concludes, therefore, that there would be no cost
associated with this provision.
This revision updates the rule to reflect current industry
practice. Mine rescue teams equipped with 4-hour SCBAs can spend double
the amount of time underground engaged in rescue and recovery
activities. The higher capacity SCBAs raise team effectiveness and
assist in locating injured or trapped miners more quickly, detecting
and extinguishing mine or equipment fires, finding and repairing
ventilation impairments or stoppages, and determining the location and
extent of hazardous mine damage, such as roof falls. The 4-hour SCBAs
allow fewer team rotations so team members get more rest before they
have to reenter a mine to continue rescue or recovery activities.
2. Section 49.6(a)(2)
MSHA is proposing to amend existing Sec. 49.6(a)(2) to require
that supplies of liquid air, liquid oxygen, pressurized oxygen, or
oxygen generating chemicals, and carbon dioxide absorbent chemicals be
maintained at M/NM mine rescue stations sufficient to sustain each team
for 8 hours during rescue operations. Existing Sec. 49.6(a)(2)
requires mine rescue stations to be provided with sufficient supplies
to sustain each team for 6 hours during rescue operations.
MSHA believes that these supplies should be increased from 6 hours
to 8 hours. The 2-hour increase in supplies would assure that mine
rescue stations would be equipped with sufficient reserves of critical
SCBA components for two complete replenishments of discharged SCBAs. An
additional 2-hour supply would increase the safety and effectiveness of
the mine rescue team and would be consistent with the requirement for
4-hour SCBAs.
Because the industry practice is to stock these supplies in bulk,
MSHA estimates that there are no costs associated with this
requirement. MSHA requests comment on this estimate.
3. Section 49.6(a)(3)
MSHA is proposing to amend existing Sec. 49.6(a)(3) to require M/
NM mine
[[Page 51341]]
rescue stations to be equipped with two extra, fully-charged oxygen
bottles for every six SCBA at the station. The existing standard
requires one extra, fully-charged oxygen bottle for every six SCBAs.
MSHA believes that two extra oxygen bottles for every six SCBAs
would assure an adequate reserve of a critical component for mine
rescue teams during time-sensitive rescue or recovery operations. An
additional reserve supply of oxygen would also enhance the team's
safety during an emergency.
4. Section 49.6(a)(4) and (a)(5)
The proposed rule would make no changes to existing Sec.
49.6(a)(4) and (a)(5) for M/NM mines.
5. Section 49.6(a)(6)
MSHA is proposing to amend existing Sec. 49.6(a)(6) to require
mine rescue stations serving underground M/NM mines to have four gas
detectors appropriate for each gas which may be encountered at the
mines served. For methane, carbon monoxide, and oxygen deficiency, the
proposal would require that the gas detectors must be able to measure
methane concentrations from 0 percent to 100 percent of volume, oxygen
from 0 percent to at least 20 percent of volume, and carbon monoxide
from 0 ppm to at least 10,000 ppm.
Existing Sec. 49.6(a)(6) requires mine rescue stations to be
provided with two gas detectors appropriate for each gas which may be
encountered at the mines served. The existing rule does not specify the
type of detector or gases to be detected, leaving this decision to the
discretion of mine operators, based on specific conditions that might
be encountered in an emergency. The existing rule also does not require
selected detectors to measure a specific concentration of any gas. On
more than one occasion, not having the equipment to measure high
concentrations of one or more critical gases has hindered the
collection of vital information. Mine rescue team members have had to
delay entering the mine until equipment was located to measure the
gases' concentrations and the team was able to evaluate the danger.
It has been MSHA's experience that the number of gas detectors used
in an underground emergency can vary depending on the needs of the
individual mine rescue teams and conditions present at the mine. Mine
rescue stations are typically equipped with two gas detectors for each
gas that may be encountered at the mines served. Team safety and
effectiveness would be better assured, however, if mine rescue stations
were equipped with four gas detectors, two per mine rescue team, for
each gas that may be encountered at the mines served so each team would
be equipped with a backup device. Re-charging gas detectors and
checking their calibration between rotations can delay rescue or
recovery activities.
Mine rescue teams serving M/NM mines generally would need gas
detectors capable of measuring oxygen and carbon monoxide. A handheld,
multi-gas detector would enable mine rescue teams to accurately and
simultaneously measure the concentrations of relevant mine gases, such
as carbon monoxide, methane, and oxygen, which would increase trapped
miners'' chance of survival in time-sensitive emergency situations.
Real-time information regarding hazardous gas concentrations allows
affected team members to make better informed and more timely decisions
regarding when to don protective equipment, and enter or exit a mine.
6. Section 49.6(a)(7)
Existing section 49.6(a)(7) requires M/NM mine rescue stations to
be provided with two oxygen indicators or flame safety lamps. In
September 1998, MSHA deleted its approval regulations for flame safety
lamps. MSHA had not received a new approval application for a flame
safety lamp for 40 years prior to that time. Advances in technology
have resulted in oxygen and methane detectors that are more accurate
and reliable than flame safety lamps or oxygen indicators. As a result,
methane and oxygen gas detectors have replaced flame safety lamps and
oxygen indicators as the preferred instruments for detecting these
gases in mines. Further, gas detectors can measure over a wider
concentration range and more accurately than flame safety lamps and
oxygen indicators. This proposal would remove and reserve existing
Sec. 49.6(a)(7) because the equipment required by this provision has
been replaced by technologically advanced devices.
While flame safety lamps or other suitable devices can be used to
satisfy the requirements of Sec. 57.8527 in all underground M/NM
mines, existing Sec. 57.22227 does not permit flame safety lamps to be
used as the primary device to test for methane in gassy M/NM mines.
7. Section 49.6(a)(8)
MSHA is proposing organizational changes to existing Sec.
49.6(a)(8), which requires that mine rescue team equipment include a
communication system. The proposed rule would re-number the existing
provisions, but would make no changes to the substantive requirements.
8. Section 49.6(a)(9)
The proposed rule would make no changes to existing Sec.
49.6(a)(9) for M/NM mines.
9. Section 49.6(b)
MSHA is proposing organizational changes to existing Sec. 49.6(b),
which requires that mine rescue team equipment be maintained in a
manner that will ensure readiness for immediate use. The proposed rule
would re-number the existing provisions, but would make no changes to
the substantive requirements.
B. Section 49.16 Equipment and Maintenance Requirements for Coal Mine
Rescue Stations
MSHA is proposing to add Sec. 49.16 for underground coal mine
rescue team equipment and maintenance requirements. The provisions are
based on existing Sec. 49.6.
1. Section 49.16(a)
Proposed Sec. 49.16(a), which is derived from existing Sec.
49.6(a), would require each mine rescue station to be provided with
certain equipment. It would also allow mine rescue stations serving
certain underground anthracite coal mines to have the type and amount
of equipment that would be appropriate for the number of their mine
rescue team members. This option allows mine rescue stations associated
with mine rescue teams having a reduced number of members to maintain
fewer SCBAs, cap lamps, and chargers than required under Sec. Sec.
49.16(a)(1) and (a)(5) for other coal mine rescue stations.
As a result of petitions for modification granted under section
101(c) of the Mine Act, mine rescue teams for underground anthracite
coal mines, having no electrical equipment at the face or working
section, are composed of three members with one alternate to serve both
teams. Given these smaller teams, anthracite operators submitted
petitions for modification requesting that their mine rescue stations
be allowed to maintain eight SCBAs, eight cap lamps, and a charging
station, rather than 12 of each as required by existing Sec. Sec.
49.6(a)(1) and (a)(5). Because of the existing petitions for
modification, MSHA concludes that there would be no cost savings
associated with this provision.
MSHA investigated each petition and made the following finding:
MSHA's investigation found that reducing the quantity of
equipment required to be
[[Page 51342]]
purchased and maintained at the anthracite mine rescue station to a
quantity consistent with the requirements of granted modifications
currently in effect, which allow anthracite mines to be covered by
two mine rescue teams of three members each and an alternate, will
provide the same measure of protection to the miners.
On the basis of those investigations, MSHA granted these petitions
for modification of Sec. Sec. 49.6(a)(1) and (a)(5). Currently, 11
underground anthracite coal mines operate under this approved
alternative method. The reduced number of SCBAs and cap lamps would
provide sufficient equipment for teams serving these anthracite coal
mines.
2. Section 49.16(a)(1)
Proposed Sec. 49.16(a)(1), which is derived from existing Sec.
49.6(a)(1), would require that mine rescue stations serving underground
coal mines be equipped with 12 SCBAs, each with a minimum 4-hour
capacity, and associated testing equipment. The proposed standard would
require that the apparatus be approved by MSHA and NIOSH under 42 CFR
part 84 subpart H. MSHA would also change the phrase ``self-contained
oxygen breathing apparatus'' to ``self-contained breathing apparatus,''
so the revised language would be consistent with terminology currently
used in the mining industry.
MSHA recently conducted a survey of SCBAs at coal mine rescue
stations. The Agency determined that all rescue stations are already
equipped with MSHA and NIOSH approved 4-hour SCBAs. There are currently
no 2-hour SCBAs manufactured for mine rescue applications, which use
oxygen, and which are approved by MSHA and NIOSH under 42 CFR part 84
subpart H. MSHA concludes, therefore, that there would be no cost
associated with this provision.
This revision updates the rule to reflect current industry
practice. Mine rescue teams equipped with 4-hour SCBAs can spend double
the amount of time underground engaged in rescue and recovery
activities. The higher capacity SCBAs raise team effectiveness and
assist in locating injured or trapped miners more quickly, detecting
and extinguishing mine or equipment fires, finding and repairing
ventilation impairments or stoppages, and determining the location and
extent of hazardous mine damage, such as roof falls or collapsed seals.
The 4-hour SCBAs allow fewer team rotations so team members get more
rest before they have to reenter a mine to continue rescue or recovery
activities.
3. Section 49.16(a)(2)
Proposed Sec. 49.16(a)(2), which is derived from existing Sec.
49.6(a)(2), would require coal mine rescue stations to maintain
supplies of liquid air, liquid oxygen, pressurized oxygen, or oxygen
generating chemicals, and carbon dioxide absorbent chemicals at coal
mine rescue stations sufficient to sustain each team for 8-hours during
rescue operations. Existing Sec. 49.6(a)(2) requires mine rescue
stations to be provided with sufficient supplies to sustain each team
for 6 hours during rescue operations.
MSHA believes that these supplies should be increased from 6 hours
to 8 hours because rescue and recovery operations are time sensitive.
The 2-hour increase in supplies would assure that mine rescue stations
would be equipped with sufficient reserves of critical SCBA components
for two complete replenishments of discharged SCBAs. An additional 2-
hour supply would increase the safety and effectiveness of the mine
rescue team and would be consistent with the requirement for 4-hour
SCBAs.
Because the industry practice is to stock these supplies in bulk,
MSHA estimates that there are no costs associated with this
requirement. MSHA requests comment on this estimate.
4. Section 49.16(a)(3)
Proposed Sec. 49.16(a)(3), which is derived from existing Sec.
49.6(a)(3), would require coal mine rescue stations to be equipped with
two extra, fully-charged, oxygen bottles for every six SCBA at the
station. The existing standard requires one extra, fully-charged,
oxygen bottle for every six SCBAs.
MSHA believes that two extra oxygen bottles for every six SCBAs
would assure an adequate reserve of a critical component for mine
rescue teams during time-sensitive rescue or recovery operations. An
additional reserve supply of oxygen would also enhance team safety in
these critical emergency situations. The costs associated with this
provision are discussed later in the Preliminary Regulatory Economic
Analysis section of this preamble.
5. Section 49.16(a)(4)
Proposed Sec. 49.16(a)(4), which is derived from existing Sec.
49.6(a)(4), would make no change from the existing standard.
6. Section 49.16(a)(5)
Proposed Sec. 49.16(a)(5), which is derived from existing Sec.
49.6(a)(5), would make no change from the existing standard.
7. Section 49.16(a)(6)
Proposed Sec. 49.16(a)(6), which is derived from existing Sec.
49.6(a)(6), would require mine rescue stations serving underground coal
mines to be equipped with four gas detectors appropriate for each gas
which may be encountered at the mines served. For methane, carbon
monoxide, and oxygen deficiency, the proposal would specify that the
gas detectors must be able to measure methane concentrations from 0
percent to 100 percent of volume, oxygen from 0 percent to at least 20
percent of volume, and carbon monoxide from 0 ppm to at least 10,000
ppm.
Existing Sec. 49.6(a)(6) requires mine rescue stations to be
provided with two gas detectors appropriate for each gas which may be
encountered at the mines served. The existing rule does not specify the
type of detector or gases to be detected, leaving this decision to the
discretion of mine operators. The existing rule also does not require
selected detectors to measure a specific concentration of any gas. On
more than one occasion, not having the equipment to measure high
concentrations of one or more critical gases has hindered the
collection of vital information. Mine rescue team members have had to
delay entering the mine until equipment was located to measure the
gases' concentrations and the team was able to evaluate the danger.
It has been MSHA's experience that the number of gas detectors used
in an underground emergency can vary depending on the needs of the
individual mine rescue teams and conditions present at the mine. Mine
rescue stations are typically equipped with two gas detectors. Based on
MSHA's experience, elevated concentrations of hazardous gases such as
high concentrations of methane and carbon monoxide are generally found
in underground coal mines, especially following a fire or explosion.
Team safety and efficiency would be better assured, however, if mine
rescue stations were equipped with four gas detectors, two per mine
rescue team, for each gas that may be encountered at the mines served
so each team would be equipped with a backup device. Re-charging gas
detectors and checking their calibration between rotations can delay
rescue or recovery activities.
Mine rescue teams serving coal mines generally would need gas
detectors capable of measuring oxygen, methane, and carbon monoxide.
Multi-gas detectors, which are capable of measuring higher
concentrations of methane and carbon monoxide, and lower concentrations
of oxygen, would
[[Page 51343]]
provide greater protection to rescue team members.
An approved, handheld, multi-gas detector would enable mine rescue
teams to accurately and simultaneously measure the relevant
concentrations of critical mine gases, such as carbon monoxide,
methane, and oxygen, which would increase their chance of survival in
time-sensitive emergency situations. Up-to-date information regarding
hazardous gas concentrations allows affected team members to make
better informed and more timely decisions regarding when to don
protective equipment, and enter or exit a mine. Costs associated with
this requirement are discussed later in the Preliminary Economic
Analysis section of this preamble.
8. Section 49.16(a)(7)
The proposed rule would reserve Sec. 49.16(a)(7) because the
proposed rule would remove the existing provision.
9. Section 49.16(a)(8)
Proposed Sec. 49.16(a)(8), which is derived from existing Sec.
49.6(a)(8), would require that mine rescue team equipment include a
communication system. The proposed rule would re-number the existing
provisions, but would make no substantive changes to the existing
requirements.
10. Section 49.16(a)(9)
Proposed Sec. 49.16(a)(9), which is derived from existing Sec.
49.6(a)(9), would make no change to the existing standard.
11. Section 49.16(b)
Proposed Sec. 49.16(b), which is derived from existing Sec.
49.6(b), would require that mine rescue team equipment be maintained in
a manner that will ensure readiness for immediate use. The proposed
rule would re-number the existing provisions, but would make no changes
to the substantive requirements.
V. Preliminary Regulatory Economic Analysis
A. Executive Order 12866
Executive Order (E.O.) 12866 (58 FR 51735) as amended by E.O. 13258
(Amending Executive Order 12866 on Regulatory Planning and Review (67
FR 9385)) requires that regulatory agencies assess both the costs and
benefits of regulations. E.O. 12866 classifies a rule as a significant
regulatory action requiring review by the Office of Management and
Budget if it has an annual effect on the economy of $100 million or
more; creates a serious inconsistency or interferes with an action of
another agency; materially alters the budgetary impact of entitlements
or the rights of entitlement recipients; or raises novel legal or
policy issues. MSHA has determined that the 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 E.O. 12866
because it raises novel legal or policy issues.
B. Population-at-Risk
The proposed rule would apply to 653 underground coal mines and 240
underground M/NM mines, using 2006 data. It would cover 42,597 coal
miners, 14,323 M/NM miners, and 13,940 coal and M/NM (non-office)
contractors working in these mines.
C. Compliance Costs
MSHA estimates that the total yearly cost of the proposed rule
would be $426,464. Of that total, an estimated $57,630 would be
attributable to State and local governments that maintain mine rescue
stations. The remaining $368,834 would be attributable to mine
operators as follows: $237,437 for coal operator-owned mine rescue
stations and $131,397 for M/NM operator-owned mine rescue stations. The
derivation of these cost estimates is described below.
Proposed Sec. 49.16(a) would allow mine rescue stations serving
certain underground anthracite coal mines to have the type and amount
of equipment that would be appropriate for the number of their mine
rescue team members. This option allows mine rescue stations associated
with mine rescue teams having a reduced number of members to maintain
fewer SCBAs, cap lamps, and chargers than required under Sec. Sec.
49.16(a)(1) and (a)(5) for other coal mine rescue stations. Because
existing petitions for modification include this reduced equipment,
MSHA estimates that there would be no cost savings associated with this
provision.
Proposed Sec. Sec. 49.6(a)(1) and 49.16(a)(1) would require that
mine rescue stations serving underground M/NM and coal mines,
respectively, be equipped with 12 SCBAs, each with a minimum 4-hour
capacity, and associated testing equipment. Because MSHA has determined
that all mine rescue stations serving M/NM and coal mines are already
equipped with MSHA and NIOSH approved 4-hour SCBAs, the Agency
estimates that there would be no cost associated with this requirement.
Proposed Sec. Sec. 49.6(a)(2) and 49.16(a)(2) would require mine
rescue stations serving either underground coal or underground M/NM
mines to increase their supply of liquid air, liquid oxygen,
pressurized oxygen, or oxygen generating chemicals, and carbon dioxide
absorbent chemicals from 6 hours to 8 hours. Because the industry
practice is to stock these supplies in bulk, MSHA estimates that there
are no costs associated with these requirements. MSHA requests comments
on this estimate.
Proposed Sec. Sec. 49.6(a)(3) and 49.16(a)(3) would require that
two additional fully-charged oxygen cylinders be provided for every six
self-contained breathing apparatus. To meet these requirements, each
mine rescue station would have to purchase two oxygen cylinders. MSHA
estimates that the cost for two oxygen cylinders is $3,225 and that
their service-life is 15 years.
Proposed Sec. Sec. 49.6(a)(6) and 49.16(a)(6) would require all
mine rescue stations serving underground coal mines or underground M/NM
mines to be equipped with four gas detectors appropriate for each type
of gas that may be encountered at the mines served. Gas detectors must
measure concentrations of methane from 0.0 percent to 100 percent of
volume, oxygen from 0.0 percent to at least 20 percent of volume, and
carbon monoxide from 0.0 parts per million to at least 10,000 parts per
million.
MSHA estimates that mine rescue stations would be equipped with
multi-gas detectors, rather than multiple single-gas detectors; that
the cost for four multi-gas detectors is approximately $8,000; and that
their service life is 5 years. MSHA requests comment on the Agency's
cost estimates. MSHA is particularly interested in comment on its
assumption that all mine rescue stations, including those serving non-
gassy M/NM mines, would need to be equipped with multi-gas detectors
rather than single gas detectors.
MSHA is proposing to delete paragraphs Sec. Sec. 49.6(a)(7) and
49.16(a)(7), requiring mine rescue stations to be equipped with either
two oxygen indicators or two flame safety lamps. MSHA believes that
most mine rescue stations have already replaced flame safety lamps and
oxygen indicators with new, more accurate, technologically advanced
devices. For this reason, MSHA has associated no economic impact with
the removal of these paragraphs.
Table I summarizes the total yearly cost of this proposed rule.
[[Page 51344]]
[GRAPHIC] [TIFF OMITTED] TP06SE07.005
D. Benefits
The purpose of this proposed rule is to improve and enhance the
equipment for mine rescue teams who must respond to an emergency at an
underground mine. Mine operators often rely on mine rescue teams to
save miners during an underground emergency such as an explosion, fire,
roof fall, or water inundation. Mine rescue team members often put
themselves in danger to save miners injured or trapped underground as
the result of these events. To help them to conduct mine rescue and
recovery activities safely and effectively, they must be provided with
up-to-date mine rescue equipment. In an emergency, a properly equipped
mine rescue team could mean the difference between life and death.
VI. Feasibility
MSHA has concluded that the requirements of the proposed rule are
technologically and economically feasible.
A. Technological Feasibility
The proposed rule is technologically feasible because all mine
rescue team equipment required in this proposal is commercially
available and in use in many mines. In addition, the proposed rule is
not technology-forcing and does not involve activities on the frontiers
of scientific knowledge.
B. Economic Feasibility
The total cost of the proposed rule is approximately $237 thousand
annually for underground coal mine operators and $131 thousand annually
for underground M/NM operators. These compliance costs are well under
one percent of the annual revenues of $13.1 billion for underground
coal mine operators and $5.8 billion for underground M/NM operators.
MSHA concludes that the amount of these costs relative to annual
operator revenues supports its finding that the proposed rule is
economically feasible.
[[Page 51345]]
VII. 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 has analyzed the impact of the proposed rule on small businesses.
Further, MSHA has made a determination with respect to whether or not
the Agency can certify that the proposed rule would not have a
significant economic impact on a substantial number of small entities
that are covered by this rulemaking. Under the SBREFA amendments to the
RFA, MSHA must include in the rule a factual basis for this
certification. If a rule has a significant economic impact on a
substantial number of small entities, MSHA must develop a regulatory
flexibility analysis.
A. Definition of a Small Mine
Under the RFA, in analyzing the impact of a rule on small entities,
MSHA must use the Small Business Administration (SBA) definition for a
small entity or, after consultation with the SBA Office of Advocacy,
establish an alternative definition for the mining industry by
publishing that definition in the Federal Register for notice and
comment. MSHA has not taken such an action and, thus, is required to
use the SBA definition. The SBA defines a small entity in the mining
industry as an establishment with 500 or fewer employees.
MSHA has also looked at the impacts of Agency rules on a subset of
mines with 500 or fewer employees--those with fewer than 20 employees,
which MSHA and the mining community have traditionally referred to as
``small mines.'' These small mines differ from larger mines not only in
the number of employees, but also in economies of scale in material
produced, in the type and amount of production equipment, and in supply
inventory. Therefore, their costs of complying with MSHA's rules and
the impact of the Agency's rules on them will also tend to be
different. It is for this reason that small mines employing fewer than
20 miners are of special concern to MSHA.
This analysis complies with the legal requirements of the RFA for
an analysis of the impacts on small entities while continuing MSHA's
traditional definition of small mines. The Agency concludes that it can
certify that the proposed rule would not have a significant economic
impact on a substantial number of small entities that are covered by
this rulemaking. MSHA has determined that this is the case both for
mines affected by this rulemaking with fewer than 20 employees and for
mines affected by this rulemaking with 500 or fewer employees.
B. Factual Basis for Certification
MSHA's analysis of impacts on small entities begins with a
screening analysis. The screening compares the estimated compliance
costs of a rule for small entities in the sector affected by the rule
to the estimated revenues for the affected sector. When estimated
compliance costs or savings are less than one percent of the estimated
revenues, the Agency believes it is generally appropriate to conclude
that there is no significant economic impact on a substantial number of
small entities. When estimated compliance costs or savings exceed one
percent of revenues, it tends to indicate that further analysis may be
warranted. MSHA has determined that the estimated costs are less than
one percent of the estimated revenues for small entities covered by
this proposed rule. 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 2006 underground coal revenue by employment size category was
approximately $0.3 billion for the 220 mines with 1-19 total employees
and $10.1 billion for the 640 mines with 1-500 total employees.
---------------------------------------------------------------------------
\1\ U.S. Dept. of Energy, Energy Information Administration,
``Annual Coal Report 2005,'' Table 28, October 2006.
---------------------------------------------------------------------------
For M/NM underground mines covered by the rule, the 2006 estimated
revenue of $5.8 billion was divided by the total number of employee
hours to arrive at the average revenue per hour of employee production
of $176.63. This average hourly revenue was multiplied by employee
hours in specific mine size categories to arrive at estimated revenues
for these categories. This approach was used because MSHA does not
collect mine-specific data on M/NM production or revenues. Using this
approach, the 2006 revenues were estimated to be $0.3 billion for the
105 underground M/NM mines with 1-19 employees and $4.4 billion for the
235 underground M/NM mines with 1-500 employees.
When dividing the yearly compliance costs by the annual revenues in
each mine size category, the yearly cost of the rule for underground
coal mines and underground M/NM mines, both with 1-19 total employees
and with 1-500 total employees, is well less than 0.01 percent of
annual revenues. MSHA therefore concludes and certifies 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.
VIII. Paperwork Reduction Act of 1995
The mine rescue team equipment proposed rule would require
certification of inspection, testing, and any corrective action taken
for breathing apparatus, as does the existing rule. MSHA estimates that
any paperwork burden due to the proposed requirements would be de
minimis and, therefore, has not included additional paperwork burden.
IX. 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 equipment for mine rescue stations. These proposed
changes would not directly affect States or their relationships with
the national government; however, some mine rescue stations are State
owned and equipped. 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
This proposed rule would have no affect on family well-being or
stability, marital commitment, parental rights or authority, or income
or poverty of families and children. Accordingly, Section 654 of the
Treasury and General Government Appropriations Act of 1999 (5 U.S.C.
note) requires no further Agency action, analysis, or assessment.
[[Page 51346]]
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, Governmental Actions and
Interference with Constitutionally Protected Property Rights, 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, Civil
Justice Reform.
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, Protection of Children from Environmental
Health Risks and Safety Risks, as amended by E.O. 13229 and 13296,
requires no further Agency action or analysis.
F. Executive Order 13132: Federalism
Executive Order (E.O.) 13132 requires MSHA to develop an
accountable process to ensure a meaningful and timely input by State
and local officials in the development of regulatory policies that have
``federalism implications.'' Policies that have federalism implications
are defined as having ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.'' The proposed rule would place new requirements on
equipment for mine rescue stations. 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 mine rescue stations are State owned and equipped. 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,
Consultation and Coordination with Indian Tribal Governments, requires
no further Agency action or analysis.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed rule has been reviewed for its impact on the supply,
distribution, and use of energy because it applies to the underground
coal mining sector. Insofar as this proposed rule would result in
yearly costs of approximately $0.24 million to the underground coal
mining industry, relative to annual revenues of $13.1 billion in 2006,
it is not a ``significant energy action'' because it is not ``likely to
have a significant adverse effect on the supply, distribution, or use
of energy * * * (including a shortfall in supply, price increases, and
increased use of foreign supplies).'' Accordingly, E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use, requires no further Agency action or analysis.
List of Subjects in 30 CFR Part 49
Coal mines, Emergency equipment and maintenance, Emergency response
services, Metal mines, Mine safety and health, Nonmetal mines,
Underground mining.
Dated: 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 I of title 30 of the Code of Federal Regulations as
follows:
PART 49--MINE RESCUE TEAMS
1. The authority for part 49 continues to read as follows:
Authority: 30 U.S.C. 811, 825(e), 957.
2. Amend Sec. 49.6 as follows:
A. Revise the section heading.
B. In paragraph (a)(1), remove the phrase ``2 hours capacity'' and
add in its place ``4 hour capacity''.
C. In paragraph (a)(1), remove the phrase ``self contained oxygen
breathing apparatus'' and add in its place ``self-contained breathing
apparatus''.
D. In paragraph (a)(2), remove the phrase ``oxygen generating or
carbon dioxide absorbent chemicals, as applicable to the supplied
breathing apparatus and sufficient to sustain each team for six hours''
and add in its place the phrase ``or oxygen generating chemicals, and
carbon dioxide absorbent chemicals, as applicable to the supplied
breathing apparatus and sufficient to sustain each team for 8 hours''.
E. Revise paragraph (a)(3).
F. Revise paragraph (a)(6).
G. Remove and reserve paragraph (a)(7).
H. Revise paragraph (a)(8).
I. Revise paragraph (b).
The revisions read as follows:
Sec. 49.6 Equipment and maintenance requirements for metal and
nonmetal mine rescue stations.
(a) * * *
(3) Two extra, fully-charged oxygen bottles for every six self-
contained breathing apparatus;
* * * * *
(6) Four gas detectors appropriate for each type of gas that may be
encountered at the mines served. Gas detectors must measure
concentrations of methane from 0.0 percent to 100 percent of volume,
oxygen from 0.0 percent to at least 20 percent of volume, and carbon
monoxide from 0.0 parts per million to at least 10,000 parts per
million.
* * * * *
(8) One portable mine rescue communication system (approved under
part 23 of this title) or a sound-powered communication system.
* * * * *
(b) Mine rescue apparatus and equipment shall be maintained in a
manner that will ensure readiness for immediate use.
(1) A person trained in the use and care of breathing apparatus
shall inspect and test the apparatus at intervals not exceeding 30 days
and shall certify by signature and date that the inspections and tests
were done.
(2) When the inspection indicates that a corrective action is
necessary, the corrective action shall be made and the person shall
record the corrective action taken.
[[Page 51347]]
(3) The certification and the record of corrective action shall be
maintained at the mine rescue station for a period of one year and made
available on request to an authorized representative of the Secretary.
(i) The wires or cable to the communication system shall be of
sufficient tensile strength to be used as a manual communication
system.
(ii) These communication systems shall be at least 1,000 feet in
length.
3. Add Sec. 49.16 to read as follows:
Sec. 49.16 Equipment and maintenance requirements for coal mine
rescue stations.
(a) Each mine rescue station shall be provided with at least the
following equipment. Mine rescue stations serving underground
anthracite coal mines, which have no electrical equipment at the face
or working section, shall have at least the amount of equipment
appropriate for the number of mine rescue team members.
(1) Twelve self-contained breathing apparatus, each with a minimum
of 4 hours capacity (approved by MSHA and NIOSH under 42 CFR part 84,
subpart H), and any necessary equipment for testing such breathing
apparatus.
(2) A portable supply of liquid air, liquid oxygen, pressurized
oxygen, or oxygen generating chemicals, and carbon dioxide absorbent
chemicals, as applicable to the supplied breathing apparatus and
sufficient to sustain each team for 8 hours while using the breathing
apparatus during rescue operations.
(3) Two extra, fully-charged oxygen bottles for every six self-
contained breathing apparatus.
(4) One oxygen pump or a cascading system, compatible with the
supplied breathing apparatus.
(5) Twelve permissible cap lamps and a charging rack.
(6) Four gas detectors appropriate for each type of gas that may be
encountered at the mines served. Gas detectors must measure
concentrations of methane from 0.0 percent to 100 percent of volume,
oxygen from 0.0 percent to at least 20 percent of volume, and carbon
monoxide from 0.0 parts per million to at least 10,000 parts per
million.
(7) [Reserved].
(8) One portable mine rescue communication system (approved under
part 23 of this title) or a sound-powered communication system.
(i) The wires or cable to the communication system shall be of
sufficient tensile strength to be used as a manual communication
system.
(ii) These communication systems shall be at least 1,000 feet in
length.
(9) Necessary spare parts and tools for repairing the breathing
apparatus and communication system.
(b) Mine rescue apparatus and equipment shall be maintained in a
manner that will ensure readiness for immediate use.
(1) A person trained in the use and care of breathing apparatus
shall inspect and test the apparatus at intervals not exceeding 30 days
and shall certify by signature and date that the inspections and tests
were done.
(2) When the inspection indicates that a corrective action is
necessary, the corrective action shall be made and the person shall
record the corrective action taken.
(3) The certification and the record of corrective action shall be
maintained at the mine rescue station for a period of 1 year and made
available on request to an authorized representative of the Secretary.
[FR Doc. 07-4318 Filed 9-4-07; 12:30 pm]
BILLING CODE 4510-43-P
