[Federal Register Volume 67, Number 48 (Tuesday, March 12, 2002)]
[Notices]
[Pages 11145-11146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5947]



[[Page 11145]]

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

RIN 1219-AB20


Mine Rescue Teams

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

ACTION: Notice of public meeting.

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SUMMARY: The Mine Safety and Health Administration (MSHA) will hold a 
public meeting to gather ideas and suggestions from the mining 
community on the current state of availability, quality and 
preparedness of mine rescue teams. The ideas and suggestions will be 
considered by MSHA in determining what actions can be taken to improve 
mine rescue capabilities.

DATES: The public meeting will be held on March 28, 2002.

ADDRESSES: The public meeting will be held at the following location: 
National Mine Health and Safety Academy, 1301 Airport Road, Beaver, 
West Virginia 25813-9426, Phone: 304-256-3257.

FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Jr., Director, 
Office of Standards, Regulations and Variances, MSHA, 4015 Wilson 
Boulevard, Arlington, VA 22203-1984. He can be reached at [email protected] (Internet e-mail), 703-235-1910 (Voice), or 703-235-
5551 (Fax).

SUPPLEMENTARY INFORMATION:

I. Background

    In the wake of several mine disasters, Congress promulgated the 
Federal Mine Safety and Health Act of 1977 (Mine Act). Congress 
believed that the ready availability of mine rescue capability in the 
event of an accident would be vital to protect miners. Accordingly, 
Sec. 115(e) of the Mine Act required the Secretary of Labor to publish 
regulations requiring that mine rescue teams be available for rescue 
and recovery work at each underground mine. Section 115(e) also allowed 
mine operators to make cooperative arrangements to provide for the 
availability of mine rescue teams.
    On July 3, 1980, (45 FR 46992), MSHA promulgated a new part 49, in 
title 30 of the Code of Federal Regulations, that included requirements 
for mine rescue teams in the coal and metal and nonmetal mining 
industries. The purpose of the rule was to implement Sec. 115(e) of the 
Mine Act by ensuring the availability of rescue teams at underground 
mines in case of a mine emergency.
    The regulation generally requires two mine rescue teams per mine 
and allows outside coverage teams. To limit the expense, many mines now 
choose to contract for mine rescue service. Existing part 49 places no 
restrictions on the number of mines a contractor can agree to cover.
    In 1995, MSHA hosted a Mine Emergency Preparedness Conference at 
the National Mine Health and Safety Academy in Beckley, West Virginia. 
Attendees included mine rescue association members, mine rescue team 
trainers and captains, operators, state and federal government 
officials, educators, and international representatives. Issues 
addressed at the conference included the need to (1) increase the 
numbers of qualified mine rescue personnel, (2) improve the 
availability of trained mine rescue teams, (3) assure the quality of 
contract teams, and (4) provide incentives for mine operators to 
maintain mine rescue teams. One outcome of this conference was the 
establishment of a committee to study the issues identified at the 
conference and to make recommendations to MSHA on ways to address those 
issues.
    In 1998, MSHA established the Mine Rescue Team Initiative Committee 
to investigate a decline in the number of available mine rescue teams, 
to make recommendations for maintaining the quality of existing mine 
rescue teams, and to emphasize MSHA's commitment to mine rescue. MSHA 
conducted interviews with industry and labor, and state agencies to 
gather input from all facets of the mining community. Given the passage 
of time since the committee completed its work, we are conducting a 
meeting to gather current information concerning mine rescue 
capabilities.

II. Public Meeting

    MSHA will conduct a public meeting to gather input from interested 
parties on the subject of mine rescue teams, quality and preparedness.
    We will conduct the meeting in an informal manner, and a court 
reporter will make a verbatim transcript of the proceeding.
    The meeting is open to the public and will begin at 9:00 a.m. and 
finish after the last speaker.
    Upon request, after all scheduled speakers have made an oral 
statement, we will allow members of the public to speak at the meeting 
on a first-come, first-serve basis. However, if there are no additional 
speakers after the last scheduled speaker, the meeting will be 
adjourned.
    Send your requests to make oral presentations to MSHA, Office of 
Standards, Regulations, and Variances; 4015 Wilson Boulevard, Room 631, 
Arlington, VA 22203. Phone or fax requests may be made at voice: 703-
235-1910; or fax: 703-235-5551. You may also request to speak when you 
sign in at the meeting.
    In addition to making an oral statement, any member of the public 
may submit written statements, and other data to MSHA representatives 
at the meeting.
    This meeting will give mine operators, miners and their 
representatives, and other interested parties an opportunity to present 
their views on the actions that can be taken to result in more 
effective mine rescue team capabilities.
    We are specifically interested in comments addressing the issues 
described below, although parties are encouraged to submit comments on 
any relevant mine rescue team issue. Information received will help us 
resolve these issues and determine the most effective way to address 
the changing needs of the underground mining industry and its mine 
rescue team capability.

A. Availability of Mine Rescue Teams

    How can mine operators be encouraged to provide for more mine 
rescue team capability?

B. Mine Rescue Team Membership

    How should an individual's employment history in underground mining 
affect that individual's ability to serve on a mine rescue team?

C. Training for Mine Rescue Team Members

    Should additional training be required for a former mine rescue 
team member who rejoins a team which still uses the same breathing 
apparatus?
    Should there be joint training of mine rescue teams not located at 
the same rescue station?
    For mine rescue teams not located at the same rescue station, how 
many hours of joint training would be required?
    Should both teams participate concurrently in MSHA-supported rescue 
contests or MSHA emergency response drills (MERD)?
    Should teams that participate in a MSHA-supported mine rescue 
contest or MERD exercises earn ``training credit'' for each 
participating member?

D. Instructor Qualifications

    How should an individual's employment history in underground mining 
affect that individual's ability to serve as a mine rescue team 
instructor?

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E. Equipment Availability, Maintenance, and Testing Requirements

    Comments from the mining community have suggested that the costs 
associated with the current equipment requirements prevent some mine 
operators from establishing a mine rescue team.
    In light of today's mine rescue team needs, what type, amount, 
maintenance and testing of equipment is appropriate to ensure the same 
level of protection for miners?

F. Incentives

    A recommendation was received by the Agency to consider an 
incentive in the form of penalty reductions for mine operators that 
establish and maintain mine rescue teams.
    The Agency believes this type of incentive would be prohibited by 
the Mine Act. We would, however, welcome suggestions on other types of 
incentives which would encourage operators to establish their own mine 
rescue teams.

    Dated: March 7, 2002.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 02-5947 Filed 3-11-02; 8:45 am]
BILLING CODE 4510-43-P