Mine Safety and Health Administration (MSHA) - FedReg Doc. 06-2255 - Emergency Mine Evacuation Emergency
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Thursday, March 9, 2006 Part III Department of Labor Mine Safety and Health Administration 30 CFR Parts 48, 50, and 75 Emergency Mine Evacuation; Final Rule VerDate Aug<31>2005 14:01 Mar 08, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\09MRR2.SGM 09MRR2hsrobinson on PROD1PC70 with RULES212252 Federal Register/Vol. 71, No. 46/Thursday, March 9, 2006/Rules and Regulations ADDRESSES: Comments may be (2) MSHA: Comments must be clearly DEPARTMENT OF LABOR submitted by any of the following identified by RIN 1219–AB46 as Mine Safety and Health Administration methods: comments on the information collection • Federal eRulemaking Portal: http:// requirements and transmitted either 30 CFR Parts 48, 50, 75 www.regulations.gov. Follow the electronically to zzMSHA- instructions for submitting comments. Comments@dol.gov, by facsimile to • E-mail: zzMSHA- (202) 693–9441, or by regular mail, hand RIN 1219–AB46 Comments@dol.gov. Include the delivery, or courier to MSHA, Office of Regulatory Information Number (RIN) Emergency Mine Evacuation Standards, Regulations, and Variances, for this rulemaking (RIN 1219–AB46 in 1100 Wilson Blvd., Room 2350, AGENCY: Mine Safety and Health the subject line of the message. Arlington, Virginia 22209–3939. Administration, Labor. • Fax: (202) 693–9441. Include RIN FOR FURTHER INFORMATION CONTACT: 1219–AB46 in the subject line of the fax. ACTION: Emergency Temporary • Mail/Hand Delivery/Courier: Mine Robert Stone, ...
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Thursday, March 9, 2006
Part III
Department of Labor Mine Safety and Health Administration
30 CFR Parts 48, 50, and 75 Emergency Mine Evacuation; Final Rule
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The hearings will begin with an You do not have to make a written for persons making same-day requests. opening statement from MSHA, request to speak. Speakers will speak in At the discretion of the presiding followed by an opportunity for members the order that they sign in. Any official, the time allocated to speakers of the public to make oral presentations. unallotted time will be made available for their presentation may be limited.
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DEPARTMENT OF LABOR ADDRESSES : Comments may be (2) MSHA: Comments must be clearly submitted by any of the following identified by RIN 1219–AB46 as Mine Safety and Health Administration methods: comments on the information collection • Federal eRulemaking Portal: http:// re transmitted either 30 CFR Parts 48, 50, 75 www.regulations.gov. Followtheeleqcutirroenmiceanltlsyatnod z zMSHA-instructions for submitting comments. facsim RIN 1219–AB46 Co • m E m -e m n a t i s l: @ zdzolM.gSoHv.AI -n lude the ( C d2e o 0li2 m v)m e6r e 9y n ,3t –o s 9r @ 4c d 4o o 1 l u, . r g io o err v , bt oybyrMegSuHlaAr,imOlefafiitlc,oehaofndc Emergency Mine Evacuation fRoergtuhliastorruyleInmfaokrimnationNumber(RIN)sAGENCY : MineSafetyandHealththesubjectlineofgth(eRImNe1ss2a1g9e–.AB46in1SAt1ral0in0ndgaWtroidlnss,,oVnRierBggliuvnldia.at,i2oR2no2so,0ma9n–2d3395V30a9,r.iance, Administration, Labor. • Fax: (202) 693–9441. Include RIN ACTION : EmergencyTemporary1219–MAaiBl/4H6ainndthDeelsiubjreyc/tClionuerioefr:thMeifnaex.F R O o R be F r U t R S T t H o E n R e, I N A F c O t R in M g A T D I i O r N ec C t O or N , T O A f C fi T c : e of Standard; Notice of public hearings; • ve Noticeofcloseofcommentperiod.SOafffiectyeaofndStaHnedalatrhdsA,dRmeginuilsattriaotnios,na,dSMtaSnHdAa,rd1s1,0R0egWuillastoinonBso,ualnedvaVradr,iRanocoems,n SUMMARY : The Mine Safety and Health Variances, 1100 Wilson Blvd., Room 2350, Arlington, Virginia 22209–3939. Administration is issuing an emergency 2350, Arlington, Virginia 22209–3939. If Mr. Stone can be reached at temporarystandardundersectionphlaenads-edsetloivpebreydthien2p1esrtsoflnooorrfbirycotuorier,( S 2 t 0 o 2 n ) e . 6 R 9 o 3 b – e 9 r 4 t@ 45 d o ( l v . o g i o c v e )(,Inotre(r2n0e2t)E6-9m3a–il),101(b) of the Federal Mine Safety and st HealthActof1977inresponsetotheccohnetcikniuninwgitohntherheecep3tridofnliosotrb.efore9441(facsimile).grave danger which miners are exposed to t 2 to during underground coal mine f In r s e truct t i h o e n s: M SAlHlAsuabnmdisRsIiNon1s21m9u–stS o U u P tl P i L n E e M o E f N t T h A is R Y n I o N ti F c O e R i M s A a T s I O fo N l : l oTwhse:accidents and subsequent evacuations. re e nce The January 2006 mine accidents and AB46. I. Public Hearings fatalities demonstrate the need for the ele D ct o r c o k n e i t c a A l c ly c , e s g s o : tTooh ac p c : e / s / s comments IIII.I.InBtSartsoaidsnufdocatrritdohneEmergencyTemporaryMine Safety and Health Administration www.msha.gov/currentttcomments.asp.to take additional action that protects miners from the grave danger that they All comments received will be posted A. Regulatory Authority facewhentheymustevacuateamineiwnictlhuoduitncghaannygepeartstohnisalWinefboramddatrieosns,IV.B.DiGsrcauvsesiDoannogfertheEmergencyTemporaryafter an emergency occurs. This emergency temporary standard includes provided. Paper copies of the comments StankdarrodrequirementsforimmediateaccidentSmtaayndalasrodsb,eRreegvuileawtieodnsa,tatnhedOVfafriicaenocfes,BAC...GSBeeacncteigroanl-ubDyni-sdSceucstsiioonnDiscussionnotification applicable to all 1100 Wilson Blvd., Room 2350, V. Executive Order 12866 underground and surface mines. In addition, this ETS addresses self- Arlington, Virginia. MSHA maintains a A. Population-at-Risk containedself-rescuerstorageanduse;leinstasbelrevsesounbstchreibAegrsentocyr’esceWiveebes-itmeatihlatBC..CBoenmepfiltisanceCostsevacuation training; and the installation and maintenance of lifelines in notification when rulemaking VI. Feasibility underground coal mines. d R o e c gi u st m e e r n.tTsoarseubpsucbrilibsehteodtihnetlhisets F e e rv d e e , r al VII.RFBeauigsruinlneaetssossrAyRceFtgl(ueSlxaBitbRoiErliyFtyAE)nAfcotrcaenmdeSnmtallDATES : This emergency temporary visit the site at http://www.msha.gov/ A. Definition of a Small Mine standard is effective March 9, 2006. The subscriptions/subscribe.aspx. B. Factual Basis for Certification public hearings will be held on April Information Collection Requirements: VIII. Paperwork Reduction Act of 1995 11, 2006, April 24, 2006, April 26, 2006, in the information and April 28, 2006 at the locations Comments concern g rl A. Summary listedinthePublicHearingssectionicdoellnetciftiieodnarseqsuuicrhemanedntssemntutsotbbeotchletaheyIX.B.ODthetearilRsegulatoryConsiderationsbelow under SUPPLEMENTARY Office of Management and Budget X.ERmeegrguleantcoyryTteemxtporaryStandard—INFORMATION . If individuals or (OMB) and MSHA as follows: organizations wish to make an oral (1) OMB: All comments must be sent presentation for the record, the Mine by mail addressed to the Office of I. Public Hearings Safety and Health Administration Information and Regulatory Affairs, The public hearings will begin at 9 (MSHA) is asking that you submit your Office of Management and Budget, New a.m. and end after the last scheduled request at least 5 days prior to the Executive Office Building, 725 17th speaker speaks (in any event not later hearing dates. The comment period will Street, NW., Washington, DC 20503, than 5 p.m.) on the following dates at close on May 30, 2006. Attn: Desk Officer for MSHA; and the locations indicated: Date Location Phone April 11, 2006 ............ Marriott Town Center, 200 Lee Street, East Charleston, WV 25301 ...................................... ................... 304–345–6500 April 24, 2006 ............ Sheraton Denver West Hotel, 360 Union Boulevard, Lakewood, CO 80228 .................................. ........... 303–987–2000 April 26, 2006 ............ Sheraton Suites, 2601 Richmond Road, Lexington, KY 40506 ............................................. ..................... 859–268–0060 April 28, 2006 ............ MSHA Conference Room, 25th Floor, 1100 Wilson Boulevard, Arlington, VA 22209 ......................... ...... 202–693–9440
Speakers and other attendees may also present information to the MSHA panel for inclusion in the rulemaking record. The hearings will be conducted in an informal manner. The hearing panel may ask questions of speakers. Although formal rules of evidence or cross examination will not apply, the presiding official may exercise discretion to ensure the orderly progress of the hearing and may exclude irrelevant or unduly repetitious material and questions. A verbatim transcript of the proceedings will be prepared and made a part of the rulemaking record. Copies of the transcript will be available to the public. The transcript will also be available on MSHA ’ s Home Page at http://www.msha.gov, under Statutory and Regulatory Information. MSHA will accept post-hearing written comments and other appropriate data for the record from any interested party, including those not presenting oral statements. Written comments will be included in the rulemaking record. II. Introduction This emergency temporary standard (ETS) is issued in accordance with section 101(b) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 811. The ETS establishes or revises standards in part 48 — Training and retraining of miners; part 50 — Notification, investigation, reports, and records of accidents, injuries, illnesses, employment and coal production in mines; part 75 — subpart D — Ventilation, §§ 75.380 and 75.381; Emergency Evacuations § 75.1502 — Mine emergency evacuation and firefighting program of instruction, and subpart R — Miscellaneous, § 75.1714 — Availability of approved self-rescue devices; instruction in use and location. In accordance with section 101(b)(3) of the Mine Act, this ETS will also serve as the Agency ’ s proposed rule. The preamble discusses specific provisions that may be included in the final rule and MSHA solicits comments on these provisions. III. Basis for the Emergency Temporary Standard A. Regulatory Authority Section 101(b) of the Mine Act provides that: 1. The Secretary shall provide, without regard to the requirements of chapter 5, title 5, United States Code, for an emergency temporary mandatory health or safety standard to take immediate effect upon publication in the Federal Register if [s]he determines (A) that miners are exposed to grave danger from exposure to substances or
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agents determined to be toxic or clear that an ETS is not limited to new physically harmful, or to other hazards, dangers in the mining industry: ‘‘ That a and (B) that such emergency standard is danger has gone unremedied should not necessary to protect miners from such be a bar to issuing an emergency danger. standard. Indeed, if such is the case the 2. A temporary mandatory health or need for prompt action is that much safety standard shall be effective until more pressing. ’’ Id. at 24. superseded by a mandatory standard When issuing an ETS, MSHA is ‘‘ not promulgated in accordance with the required to prove the existence of grave procedures prescribed in paragraph (3) danger as a matter of record evidence of this subsection. prior to taking action. ’’ Id. The 3. Upon publication of such standard legislative history expressly recognizes in the Federal Register , the Secretary ‘‘ the need to act quickly where, in the shall commence a proceeding in judgment of the Secretary, a grave accordance with section 101(a), and the danger to miners exists. ’’ Id. The ETS is standards as published shall also serve a critical statutory tool that MSHA can as a proposed rule for the proceeding. use to take immediate action to prevent The Secretary shall promulgate a the loss of life in the mines. MSHA mandatory health or safety standard accordingly has employed an ETS under this paragraph no later than nine previously to order ‘‘ hands-on ’’ training months after publication of the for miners in the use of self-contained emergency temporary standard as self-rescue (SCSR) devices, 52 FR 24373 provided in paragraph (2). (June 30, 1987), and to order certain An ETS is an extraordinary measure t in providedbytheMineActtoenableprraoincedguraensdfomriunnedeevragcruoautniodncoalmines,MSHA ‘‘ to react quickly to grave 67 FR 76658 (December 12, 2002). dangers that threaten miners before those dangers manifest themselves in B. Grave Danger serious or fatal injuries or illnesses. ’’ S. In response to the recent accidents at Rept. 181, 95th Cong., 1st Sess. 23 the Sago Mine on January 2, 2006 and (1977). Additionally, ‘‘ * * * once the the Aracoma Alma No. 1 Mine on Secretary has identified a grave danger January 19, 2006, MSHA has that threatens miners the Committee determined that new accident expects the Secretary to issue an notification, safety and training emergency temporary standard as standards are necessary to further quickly as possible, not necessarily protect miners when a mine accident waiting until [she] can investigate how takes place. First, mine operators must well that grave danger is being managed immediately notify MSHA within 15 or controlled in particular mines. ’’ minutes after determining that an Senate Report at 24 . An ETS takes effect accident has occurred so that the upon publication in the Federal coordination of appropriate mine rescue Register , and is a fully enforceable or other emergency response can begin standard. as soon as possible. Such immediate To assure the comprehensive notification will enable help to arrive protection of miners, the ETS authority sooner at the mine, and protect miners applies to all types of grave dangers from the grave dangers of physical without qualification. The legislative injury and death. Immediate notification history of the Mine Act emphasizes that of a mine accident to MSHA in ‘‘ to exclude any kind of grave danger emergency situations enables the would contradict the basic purpose of District Manager to activate the emergency temporary standards — District ’ s emergency response plan. protecting miners from grave dangers. ’’ Each Coal Mine Safety and Health S. Rept. 181, 95th Cong., 1st Sess., 24 District and Metal/Nonmetal Safety and (1977). The ETS authority thus covers Health District have an emergency dangers arising from exposure to toxic response plan which provides for or physically harmful substances or MSHA personnel to perform specific agents and to ‘‘ other hazards. ’’ It applies tasks, including the contacting of to dangers longstanding or novel, to additional mine rescue teams if needed, dangers that ‘‘ result from conditions issuing a section 103(k) order at the whose harmful potential has just been mine, directing MSHA inspectors to the discovered ’’ or to which large numbers mine site and initiating liaison with of miners are ‘‘ newly exposed. ’’ Id. MSHA headquarters in Arlington, A record of fatalities or serious Virginia. Mine operators who do not injuries is not necessary before an ETS immediately notify MSHA of accidents can be issued because ‘‘ [d]isasters, within the 15 minute time period fatalities, and disabilities are the very increase the possibility of serious thing this provision is designed to physical injury or death to miners prevent. ’’ Id. at 23. At the same time, the because assistance may not arrive legislative history of the Mine Act is quickly enough. If the nature of the
