MSHA Unified Agenda - [Completed Actions]

Title: Sealing of Abandoned Areas 

Abstract: The Mine Safety and Health Administration (MSHA) published an emergency temporary standard (ETS) on May 22, 2007. Under section 101(b) of the Federal Mine Safety and Health Act of 1977 (Mine Act), the ETS became effective immediately. This final rule will include comprehensive standards for underground coal mines regarding seal design approval, strength and installation approval, construction, maintenance and repair, sampling and monitoring, training, and recordkeeping, all of which are necessary to protect miners from hazards of sealed areas. It also implements the requirements of section 10 of the MINER Act by increasing the level of overpressure for new seals. 

Agency: Department of Labor(DOL) 

Priority: Other Significant 

RIN Status: Previously published in the Unified Agenda 

Agenda Stage of Rulemaking: Completed Actions 

Major: No 

Unfunded Mandates: No 

CFR Citation: 30 CFR 75.335 

Legal Authority: 30 USC 811 

Legal Deadline:

Action	Source	Description	Date
Final	Statutory		12/15/2007

Statement of Need: MSHA issued the ETS in response to the grave danger that miners face when underground seals separating abandoned areas from active workings fail. The ETS is effective until superseded by a mandatory standard.

Summary of the Legal Basis: Promulgation of this regulation is authorized by section 101 of the Mine Act and by section 10 of the MINER Act.

Alternatives: This final rule would provide: (1) The safety protections afforded to miners by the existing ETS; and (2) additional protections through experience gained through the rule and comments received during rulemaking. MSHA has analyzed regulatory alternatives in its regulatory economic analysis (REA) in support of the ETS. MSHA prepared an analysis of the cost of two alternatives regarding seal application approval: (1) Certification of a professional engineer along with supporting documentation; and (2) design based on actual explosion testing. MSHA also considered and included a discussion of alternatives in the preamble to the ETS without a cost analysis. MSHA requested comments on alternatives including seal design, sampling, construction, and seal strength.

Anticipated Costs and Benefits: The anticipated costs and benefits of the final rule focus on seals that would be actively monitored to maintain an inert atmosphere and seals that would be strengthened to better withstand explosions, both of which would reduce injuries and fatalities. MSHA will prepare a regulatory economic analysis for the final rules.

Risks: Underground coal mines are dynamic work environments in which the working conditions can change rapidly. Caved, mined-out areas may contain coal dust and accumulated gas. This gas can be ignited by rock falls, lightning and, in some instances, fires started by spontaneous combustion. Seals are intended to isolate the environment within the sealed area from the active workings of the mine, and to prevent an explosion that may occur on the inby side of the seal from propagating to the outby side of the seal where miners work or travel. Seals must therefore be designed to withstand elevated pressures and also to prevent the sealed atmosphere from reaching the explosive range. Adequate seals are crucial to contain explosions and prevent potentially explosive or toxic gases from migrating into the active working areas of underground coal mines. Miners rely on seals to protect them from the potentially hazardous environments within the sealed area. Recent mine explosions have demonstrated that improvements in seals are needed.

Timetable:

Action	Date	FR Cite
Emergency Temporary Standard	05/22/2007	72 FR 28796
Extension of Comment Period	06/25/2007	72 FR 34609
Public Hearing	07/10/2007	72 FR 28796
Public Hearing	07/12/2007	72 FR 28796
Public Hearing	07/17/2007	72 FR 28796
Public Hearing	07/19/2007	72 FR 28796
Emergency Temporary Standard (ETS) Comment Period Extended to 9/17/07	08/14/2007	72 FR 45358
Comment Period Ends	08/17/2007	72 FR 34609
Comment Period Extended	09/17/2007	72 FR 45358
Final Action	04/18/2008	73 FR 21182
Final Action Effective	04/18/2008

Regulatory Flexibility Analysis Required: No 

Government Levels Affected: None 

Small Entities Affected: Businesses 

Federalism: No 

Included in the Regulatory Plan: Yes 

RIN Information URL: www.msha.gov/regsinfo.htm 

Public Comment URL: www.regulations.gov  

RIN Data Printed in the FR: No 

Agency Contact:
Patricia W. Silvey
Director, Office of Standards, Regulations, and Variances
Department of Labor
Mine Safety and Health Administration
Room 631, 1100 Wilson Boulevard, Room 2350,
Arlington, VA 22209-3939
Phone:202 693-9440
Fax:202 693-9441
Email: silvey.patricia@dol.gov