[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Proposed Rules]
[Pages 48592-48593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19028]
[[Page 48591]]
Vol. 78
Thursday,
No. 153
August 8, 2013
Part III
Department of Labor
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Mine Safety and Health Administration
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30 CFR Parts 7 and 75
Refuge Alternatives for Underground Coal Mines; Proposed Rules
Federal Register / Vol. 78 , No. 153 / Thursday, August 8, 2013 /
Proposed Rules
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 75
RIN 1219-AB84
Refuge Alternatives for Underground Coal Mines
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Limited reopening of the record.
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SUMMARY: The Mine Safety and Health Administration (MSHA) is reopening
the rulemaking record for MSHA's existing rule on Refuge Alternatives
for the limited purpose of obtaining comments on the frequency for
motor task (also known as ``hands-on'' training), decision-making, and
expectations training for miners to deploy and use refuge alternatives
in underground coal mines. The U.S. Court of Appeals for the District
of Columbia Circuit remanded a training provision in the Refuge
Alternatives rule, directing MSHA to explain the basis for requiring
motor task (hands-on), decision-making, and expectations training
annually rather than quarterly or to reopen the record and allow public
comment. MSHA will review the comments to determine an appropriate
course of action for the Agency in response to comments. MSHA will
publish its response in the Federal Register addressing the public
comments and either explaining the reason that it is leaving the
existing rule unchanged or modifying the rule as the result of the
public comment process.
DATES: Comments must be received by midnight Eastern Daylight Saving
Time on October 7, 2013.
ADDRESSES: Comments and informational material may be sent to MSHA by
any of the following methods. Clearly identify all submissions in the
subject line of the message with ``RIN 1219-AB84''.
Federal E-Rulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Facsimile: 202-693-9441.
Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209-3939. For hand delivery, sign in at the
receptionist's desk on the 21st floor.
FOR FURTHER INFORMATION CONTACT: George F. Triebsch, Director, Office
of Standards, Regulations, and Variances, MSHA, at
[email protected] (email); 202-693-9440 (voice); or 202-693-9441
(facsimile). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
Concurrent Request for Information (RFI)
Elsewhere in this issue of the Federal Register, MSHA is publishing
a Request for Information (RFI) asking for data, comments, and industry
experience relevant to miners' escape and refuge during an underground
coal mine emergency. Responses to the RFI will assist the Agency in
determining if changes to existing practices and regulations would
improve the overall strategy for miners' escape and survivability.
Availability of Information
MSHA will post all comments and information on the Internet without
change, including any personal information provided. Access comments
and information electronically at http://www.regulations.gov or on
MSHA's Web site at http://www.msha.gov/currentcomments.asp. Review
comments in person at the MSHA Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia. Sign
in at the receptionist's desk on the 21st floor.
To subscribe to receive email notification when MSHA publishes
rulemaking documents in the Federal Register, go to http://www.msha.gov/subscriptions/subscribe.aspx.
I. Statutory and Regulatory History
The Mine Improvement and New Emergency Response Act of 2006 (MINER
Act) amended the Federal Mine Safety and Health Act of 1977 (Mine Act).
Section 13 of the MINER Act directed the National Institute for
Occupational Safety and Health (NIOSH) to conduct research and tests
concerning the use of refuge chambers in underground coal mines, and to
report the results to Congress and the Secretary of Labor (Secretary).
The MINER Act directed the Secretary to respond to the NIOSH Report by
reporting to Congress the actions, if any, that the Secretary intended
to take based on the NIOSH Report, including proposing regulatory
changes and the reasons for such actions.
NIOSH finalized its Research Report on Refuge Alternatives for
Underground Coal Mines (NIOSH Report) in December 2007. The report drew
from NIOSH experience, independent research and testing, and a survey
of existing research related to mine refuge chambers.
In December 2007, Congress directed the Secretary to propose
regulations, consistent with the recommendations of the NIOSH Report,
requiring rescue chambers, or facilities that afford at least the same
measure of protection, in underground coal mines not later than June
15, 2008, and to finalize the regulation not later than December 31,
2008 (Consolidated Appropriations Act of 2008, SEC. 112(b)).
MSHA published a notice of proposed rulemaking on June 16, 2008 (73
FR 34140) and the final rule on December 31, 2008 (73 FR 80656). The
final rule established requirements for refuge alternatives in
underground coal mines.
On January 13, 2009, the United Mine Workers of America (UMWA)
petitioned the U.S. Court of Appeals for the District of Columbia
Circuit (Court) to review MSHA's refuge alternatives final rule. The
Court issued its decision on October 26, 2010, holding that the
Secretary had not adequately explained the basis for requiring motor
task (hands-on), decision-making, and expectations training only
annually, rather than quarterly. The Court, therefore, remanded the
training provision and ordered MSHA to either ``provide an explanation
. . . or . . . reopen the record, and afford interested parties an
opportunity to comment.'' [United Mine Workers v. MSHA, 626 F.3d 84,
86, and 90-94 (D.C. Cir. 2010)]
II. Response to Court Order; Reopening the Record
In response to the Court's decision, this notice reopens the record
and solicits public comment concerning the appropriate frequency for
motor task (hands-on), decision-making, and expectations training on
refuge alternatives. MSHA will review the comments to determine what
actions, if any, the Agency will take in response to comments. MSHA
will publish its response in the Federal Register addressing the public
comments and either explaining the reason that the Agency is leaving
the existing rule unchanged or modifying it as the result of the public
comment process.
Motor task (hands-on) training consists of performing necessary
activities associated with deploying and using a refuge alternative and
its components. Decision-making training consists of learning when it
is appropriate to use refuge alternatives. Expectations training
consists of anticipating and experiencing the conditions that might be
encountered during use of a refuge alternative (e.g., high heat and
humidity, confined space).
[[Page 48593]]
NIOSH's Report recommended that each of these three types of
training be required quarterly. The existing rule requires these three
types of training annually and refers to them together as ``annual
expectations training.'' The existing rule also requires decision-
making training during quarterly training and drills through reviewing
and discussing scenarios for mine emergency evacuation, and a quarterly
review of the written procedures for deploying and using the refuge
alternatives and components that are provided at the mine. Annual motor
task training, decision-making training, and expectations training,
together with quarterly mine emergency evacuation training and drills,
was intended to instill the discipline, confidence, and skills
necessary for miners to survive a mine emergency.
Since the refuge alternatives rule became effective on March 2,
2009, refuge alternatives have been placed in underground coal mines
across the country. During this time, mine operators, miners,
manufacturers, MSHA, state governments, NIOSH, and other parties have
gained experience with training miners under the existing rule. To
benefit from this experience, MSHA requests public comment on the
frequency of training for miners to deploy and use refuge alternatives
including, but not limited to, the following issues:
1. With what frequency does motor task (hands-on) training need to
be conducted to permit miners to develop and maintain the skills
necessary to reliably and effectively deploy and use a refuge
alternative in an emergency? If you believe that such training on an
annual basis is insufficient, describe ways, if any, that quarterly
training could be enhanced to allow miners to develop and maintain the
necessary motor task skills when provided in conjunction with annual
training.
2. With what frequency does expectations training need to be
conducted to give miners the experience necessary to reduce the level
of panic and anxiety that otherwise may accompany the deployment and
use of a refuge alternative in an emergency?
3. With what frequency does decision-making training need to be
conducted so that, in an emergency, miners understand that the refuge
alternative is a last resort when escape from the mine is impossible?
4. Describe any advantages, disadvantages, and costs that would be
associated with conducting motor task (hands-on), decision-making, and/
or expectations training more frequently than once per year.
5. Based on your experience, has the quarterly training on
procedures for deploying and using the refuge alternative reinforced
annual motor task (hands-on), decision-making, and expectations
training? If so, how? If not, why not?
6. Based on your experience, how long does it take to provide
quarterly training and annual motor task (hands-on), decision-making,
and expectations training for the types of refuge alternatives used in
your mine? What is the cost of each type of training, including
training materials?
7. What problems or issues have miners encountered during required
quarterly or annual training?
Please provide any other data or information that you think would
be useful to MSHA as the Agency evaluates the effectiveness of its
regulations and standards related to training miners to deploy and use
refuge alternatives in underground coal mines.
List of Subjects in 30 CFR Part 75
Coal mines, Mine safety and health, Reporting and recordkeeping
requirements, Safety, Training programs, Underground mining.
Authority: 30 U.S.C. 811.
Dated: August 2, 2013.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2013-19028 Filed 8-7-13; 8:45 am]
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