[Federal Register Volume 69, Number 136 (Friday, July 16, 2004)]
[Proposed Rules]
[Pages 42842-42847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15842]



[[Page 42841]]

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Part III





Department of Labor





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Mine Safety and Health Administration



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30 CFR Part 48



Training Standards for Shaft and Slope Construction Workers at Mines; 
Proposed Rule

  Federal Register / Vol. 69, No. 136 / Friday, July 16, 2004 / 
Proposed Rules  

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 48

RIN 1219-AB35


Training Standards for Shaft and Slope Construction Workers at 
Mines

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; notice of public hearings and close of record.

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SUMMARY: We propose to revise certain provisions of our regulations 
addressing Training and Retraining of Miners, 30 CFR part 48. The 
proposed rule would remove the part 48 training exclusion for shaft and 
slope construction workers. Under this proposed rule, shaft and slope 
construction workers at surface and underground coal and metal and 
nonmetal mines would be treated like extraction and production miners 
and subject to the part 48 training requirements. The fatal accident 
history shows that requiring part 48 training would be beneficial for 
shaft and slope construction workers in order to help prevent mining 
accidents.

DATES: Comments on this proposed rule and on the information collection 
requirements must be received on or before September 14, 2004.
    The public hearing dates and locations are listed in the Public 
Hearings section under SUPPLEMENTARY INFORMATION. Individuals or 
organizations wishing to make oral presentations for the record should 
submit a request at least 5 days prior to the hearing dates.

ADDRESSES: You may submit comments, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include RIN 1219-AB35 in the 
subject line of the message.
     Fax: (202) 693-9441.
     Mail/Hand Delivery/Courier: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, 
Virginia 22201-3939.
    Instructions: All submissions must reference MSHA and RIN 1219-
AB35, (the Regulatory Information Number for this rulemaking).
    Docket: To access comments received, go to http://www.msha.gov or 
MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson 
Blvd., Room 2350, Arlington, Virginia. All comments received will be 
posted to http://www.msha.gov.
    Information Collection Requirements:
    Comments concerning information collection requirements must be 
clearly identified as such and sent to both MSHA and the Office of 
Management and Budget (OMB) as follows:
    (1) Send information collection comments to MSHA at the address 
above.
    (2) Send comments to OMB by regular mail addressed to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
New Executive Office Building, 725 17th Street, NW., Washington, DC 
20503, Attn: Desk Officer for MSHA.

FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Jr., Director, 
Office of Standards, Regulations and Variances, MSHA; 1100 Wilson 
Boulevard, Room 2350, Arlington, Virginia 22209-3939; telephone (202) 
693-9440; facsimile (202) 693-9441; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Public Hearings

    The public hearings will begin at 9 a.m. and will end after the 
last scheduled speaker testifies. The hearings will be held on the 
following dates at the locations indicated:

------------------------------------------------------------------------
             Date                      Location            Telephone
------------------------------------------------------------------------
August 24, 2004...............  Little America Hotel,     (801) 363-6781
                                 500 S Main Street,
                                 Salt Lake City, UT
                                 84101.
August 26, 2004...............  U.S. Department of        (202) 693-9440
                                 Labor, Mine Safety
                                 and Health
                                 Administration, 1100
                                 Wilson Boulevard,
                                 MSHA Conference
                                 Room, 25th Floor,
                                 Arlington, VA 22209.
------------------------------------------------------------------------

    The hearings will begin with an opening statement from MSHA, 
followed by an opportunity for members of the public to make oral 
presentations. You do not have to make a written request to speak. 
Speakers will speak in the order that they sign in. Any unalloted time 
will be made available for person making same-day requests. At the 
discretion of the presiding official, the time allocated to speakers 
for their presentation may be limited. Speakers and 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 included in the 
rulemaking record. Copies of this transcript will be available to the 
public, and can be viewed at http://www.msha.gov.
    We will accept post-hearing written comments and other appropriate 
data for the record from any interested party, including those not 
presenting oral statements, prior to the close of the comment period on 
September 14, 2004.

II. Background

    Section 115 (a) of the Federal Mine Safety and Health Act of 1977 
(Mine Act), 30 U.S.C. 825, directed the Secretary of Labor to 
promulgate regulations concerning health and safety training programs 
for miners. Section 115(d) states that the Secretary of Labor ``shall 
promulgate appropriate standards for safety and health training for 
coal or other mine construction workers.'' On October 13, 1978, we 
published regulations for the training of miners in 30 CFR part 48 (43 
FR 47453). The regulations prescribe the training that miners, 
including short-term specialized contract miners, must receive before 
working in surface or underground mines. In existing Sec.  
48.2(a)(1)(i), underground shaft and slope workers and workers engaged 
in construction activities ancillary to shaft and slope sinking are 
exempted from the training regulations. In existing Sec.  
48.22(a)(1)(i), surface shaft and slope workers are exempted from the 
training regulations.

III. Discussion and Summary of the Proposed Rule

A. General Discussion

    Based on the assumption that shaft and slope construction was 
substantively different from extraction and production mining, we 
determined at the time of promulgation of part 48 in 1978 that the 
training for miners was not appropriate for shaft and slope work. At 
that time, commenters suggested that only those workers

[[Page 42843]]

regularly exposed to the many hazards associated with mining needed the 
full range of training. As such, shaft and slope construction workers 
and workers engaged in construction activities ancillary to shaft and 
slope sinking were excluded from the training regulations.
    After reviewing the reports of fatal accidents from 1982 through 
August 2003, we believe that miners performing shaft and slope 
construction work should receive the same training as other underground 
and surface miners. From 1982 through August 2003, there were 15 
fatalities in shaft and slope construction. This number includes the 
three miners killed in a shaft construction accident at the McElroy 
Mine, in West Virginia, in January 2003. A review of these accidents, 
and a review of shaft and slope tasks and operations, reveal two 
important factors: (1) The hazards that confront these workers are 
generally no different from hazards faced by all other underground or 
surface miners; and (2) while we recognize that there are some 
specialized shaft and slope tasks, shaft and slope construction workers 
perform a number of tasks that are similar to, or the same as, tasks 
performed by miners already covered by part 48 training. These tasks 
include drilling, blasting, mucking, welding and making gas 
examinations. In fact, in some instances, slope construction is being 
done by experienced miners using conventional mining equipment and 
methods.
    After reviewing fatal accidents involving shaft and slope 
construction workers, we have concluded that miners performing shaft 
and slope construction should be trained like other underground and 
surface miners. From 1982 to August 2003, the coal mining industry 
recorded 43 methane ignitions during shaft or slope construction, 37 of 
these occurred while welding or cutting activities were being 
performed. In 1992, four miners were killed as the result of an 
ignition and in 2003, three miners were killed from an ignition. Eight 
additional shaft and slope construction fatal accidents also occurred 
during this period. Hoisting accounted for seven fatalities. Four of 
these involved victims falling from a platform or bucket which had 
become unstable; one victim was struck by a falling object; and two 
were hit by a shaft sinking bucket as it was being lowered. Another 
fatality occurred at a shaft construction site when a miner who was not 
tied-off fell down a shaft that did not have acceptable protection. 
These fatal accidents, involving falls, explosions, and impact, are 
similar to the accidents of other miners.
    Effective training can better prevent such accidents. Part 48 is 
designed to impart the necessary knowledge and skills so that miners 
can work safely. Part 48 contains programs of new miner, experienced 
miner, task, annual refresher and hazard training. The training, for 
example, covers the work environment, mine conveyances, ground control 
plans, hazard recognition, mine gases, safe work procedures, and health 
and safety aspects of tasks. The training also addresses detecting and 
working safely around methane, tying-off properly to avoid falling, and 
working in clear areas to avoid being struck by overhead objects. Part 
48 is flexible and adaptable to a variety of mining conditions, 
processes, and operations.
    We are aware that some shaft and slope contractors already provide 
part 48 training to their shaft and slope workers. The proposed rule 
would assure, however, that complete training suitable to the hazards 
encountered is given on a timely basis. The proposed rule would require 
that training be given annually and upon a new assignment so that 
safety skills are maintained and enhanced. After the rule is published, 
MSHA will conduct outreach efforts to assist with the particular 
training needs of each shaft and slope operation.
    The proposed rule would provide better training coverage and 
consistency for shaft and slope construction workers who have been 
excluded from the training requirements, and, therefore, improve miner 
safety and health. This proposed rule would be fully compliant with 
Section 101(a)(9) of the Mine Act, which requires that ``no mandatory 
health or safety standard promulgated * * * shall reduce the protection 
afforded miners by an existing * * * standard.''

B. Section-by-Section Analysis

1. Sections 48.2(a)(1)(i)/48.22(a)(1)(i) Definitions
    The existing definitions of ``miner'' in Sec. Sec.  48.2(a)(1)(i) 
and 48.22(a)(1)(i) exclude ``shaft and slope workers'' and ``workers 
engaged in construction activities ancillary to shaft and slope 
sinking.'' We propose to amend the definitions of ``miner'' to include 
shaft and slope workers and workers engaged in construction activities 
ancillary to shaft and slope sinking. The proposed rule would encompass 
all miners engaged in ``shaft or slope construction.'' Consequently, 
shaft and slope workers would be required to receive new miner, 
experienced miner, task, annual refresher and hazard training, as 
applicable.
    The proposed rule would retain the training exclusion for mine 
construction workers, other than shaft and slope workers, and the 
reference to ``subpart C,'' which is reserved for any separate mine 
construction training rule. The agency is setting aside the training 
coverage of the other mine construction workers for future rulemaking, 
as appropriate.
    The proposed rule would also extend the short-term specialized 
contractor provision in Sec. Sec.  48.2(a)(1) and 48.22(a)(1) to 
include shaft and slope construction workers. Shaft and slope 
construction workers may move from site to site. This provision would 
require short-term specialized contract workers who have received 
experienced miner training to receive hazard training at each new site.
    We believe that most workers engaged in shaft and slope 
construction would be subject only to part 48 subpart A--Training and 
Retraining of Underground Miners, because typically most shaft and 
slope construction is performed underground. Subpart A training 
includes instruction in the mandatory health and safety standards 
applicable to the task. This instruction is not limited to underground 
standards but pertains to all standards that apply. Thus the subpart A 
training can cover the standards found in 30 CFR part 77 for shaft and 
slope sinking operations. If these miners are assigned a surface mining 
task, however, their subpart A training would be supplemented with 
surface task training under part 48 subpart B--Training and Retraining 
of Miners Working at Surface Mines and Surface Areas of Underground 
Mines.
    Shaft and slope construction workers who work exclusively on the 
surface would be trained under subpart B only. Shaft and slope 
construction workers who divide their time on the surface and 
underground would be subject to training under both subparts A and B.
2. Sections 48.2(b)(4)/48.22(b)(4)
    We would amend Sec.  48.2(b) and Sec.  48.22(b) to add a new 
paragraph (b)(4) to consider miners working as shaft and slope 
construction workers on the effective date of the final rule to be 
``experienced miners'' under part 48. This requirement would preclude 
operators from having to interrupt scheduled operations to provide 
training for these miners. The workforce and current projects, 
therefore, would not be disrupted because of the rule.

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3. Sections 48.3/48.23 Training Plans; Time of Submission; Where Filed; 
Information Required; Time for Approval; Method for Disapproval; 
Commencement of Training; Approval of Instructors
    We are proposing to amend Sec.  48.3 and Sec.  48.23 to add a new 
paragraph (o). Paragraph (o) would address shaft and slope construction 
training plans.
    In general, the training plan is used by the mine operator to list 
the MSHA-approved instructors and provide a description of the teaching 
methods and the course materials. Each training plan must be approved 
before it can be used to conduct part 48 training.
    Proposing a new paragraph (o) would allow shaft and slope operators 
120 days from the date the final rule is published to submit a training 
plan. We would approve the plan or grant an extension within 60 days.
    Existing paragraph (a) in Sec.  48.3 and Sec.  48.23 would be 
amended to refer to new paragraph (o).
4. Sections 48.8/48.28 Annual Refresher Training of Miners; Minimum 
Courses of Instruction; Hours of Instruction
    We propose to amend existing paragraph (d). The existing paragraph 
established an annual refresher date for coal supervisors who had not 
previously been required to receive annual refresher training. This 
paragraph is no longer necessary and would be deleted because the time 
for compliance in 1999 is long past, and the provision serves no 
continuing purpose.
    Proposed paragraph (d) would require all shaft and slope 
construction workers employed on the effective date of the final rule 
to receive annual refresher training no later than 12 months from the 
effective month of the rule. This would help ensure that the shaft and 
slope workers receive this training within the year and establish an 
initial anniversary date. Consistent with our existing policy, 
operators would be permitted to provide the annual refresher training 
at any time during the last calendar month of the miners' annual 
refresher training cycle.
5. Effective Date
    Under the proposed rule, the final rule would be effective 180 days 
after publication, except that sections 48.3(o) and 48.23(o), 
pertaining to submitting a training plan to us for approval, would be 
effective on the publication date of the final rule.

IV. Regulatory Impact Analysis

A. Executive Order 12866 (Regulatory Planning and Review and Regulatory 
Flexibility Act

    Executive Order (E.O.) 12866 as amended by E.O. 13258 requires that 
regulatory agencies assess both the costs and benefits of intended 
regulations. We have fulfilled this requirement for the proposed rule, 
and have determined that the proposed rule would not have an annual 
effect of $100 million or more on the economy. Therefore, it is not an 
economically significant regulatory action pursuant to section 3(f)(1) 
of E.O. 12866. Although this proposed rule is not an economically 
significant action, we have completed a preliminary Regulatory Economic 
Analysis (PREA) in which the economic impact of the proposed rule is 
estimated. For a complete breakdown of the compliance costs for this 
proposed rule see Chapter IV of the PREA. The PREA is summarized as 
follows:
1. Compliance Costs
    We have estimated the costs that shaft and slope construction 
contractors would incur in providing training to shaft and slope 
construction workers. We anticipate that most shaft and slope 
construction contractor workers entering the industry would previously 
have received 32 hours of underground and 24 hours of surface new miner 
training. In addition, in most cases, mine operators would be 
responsible for providing hazard training to the shaft and slope 
contractor employees who are working on their property.
    We recognize that shaft and slope construction contractors are mine 
operators and their contractor workers are miners. For purposes of 
clarity in this discussion, we refer to shaft and slope construction 
operators as contractor firms and shaft and slope construction miners 
as shaft and slope construction workers. The proposed rule would treat 
shaft and slope construction workers (for training purposes) like other 
miners already covered under part 48. Shaft and slope construction 
workers include those who work in underground coal and metal and 
nonmetal mines and at the surface areas of underground coal and metal 
and nonmetal mines. For the purposes of the cost analysis, we used our 
traditional definition of a small contractor firm as one employing 
fewer than 20 workers, and a large contractor firm as one employing 20 
or more workers. Since there were no costs to small coal or metal and 
nonmetal contractor firms that employ between one to 19 contractor 
employees, we did not perform a separate impact analysis for that mine 
size category. To satisfy the requirements of the Small Business 
Regulatory Enforcement Fairness Act (SBREFA), we only have to consider 
a subset of the Small Business Administration's (SBA) definition of 
``small entities''--contractor firms that employ 20-500 contractor 
workers.
    The total yearly costs of the proposed rule would be about $161,000 
for all coal contractor firms and $34,000 for all metal and nonmetal 
contractor firms. In addition, coal contractor workers would incur 
yearly costs of about $20,000, and metal and nonmetal contractor 
workers would incur yearly costs of about $4,000. All cost estimates 
are presented in 2003 dollars.
2. Feasibility
    We have concluded that the requirements of the proposed rule are 
both technologically and economically feasible. This proposed rule is 
not a technology-forcing standard and does not involve activities on 
the frontiers of scientific knowledge. In addition, it would not 
require the purchase of any machinery or equipment to implement these 
training plans as prescribed in part 48. Therefore, we have concluded 
that this proposed rule is technologically feasible.
    As previously stated in this chapter, the total costs of the 
proposed rule are about $161,000 annually for all coal contractor firms 
and $34,000 annually for all metal and nonmetal contractor firms. We 
combined coal and metal and nonmetal contractor firms together to 
estimate the yearly revenues because these contractor firms are not 
generally limited to one industry, and they could perform shaft and 
slope construction work at both coal and metal and nonmetal mines. The 
compliance costs are well under 1 percent of the yearly revenues of 
$232 million for these contractor firms. We believe this is convincing 
evidence that the proposed rule is economically feasible.
3. Benefits
    From 1982 through August 2003, there were 15 fatalities in shaft 
and slope construction work. Most recently, three miners were killed in 
a shaft and slope construction accident in January 2003. In addition, 
there were 1,830 days-lost injuries reported for shaft and slope 
workers during that period. The hazards that shaft and slope 
construction workers face are generally no different from hazards faced 
by all other underground or surface miners. Current training 
regulations in 30 CFR part 48 exempt shaft and slope construction 
workers. We have

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determined that the proposed rule, which would remove the language 
exempting shaft and slope construction workers from being required to 
take part 48 training, would provide safety benefits by including these 
workers. Shaft and slope construction workers, for training purposes, 
would now receive the same type of training provided to other miners 
working in underground or surface areas of underground mines. Shaft and 
slope construction workers work in hazardous mining conditions like 
other miners and often perform work similar to the other miners. 
Therefore, they should receive the same training.
    We assume that the past history of mining fatalities and injuries 
can be used as a basis to forecast the number of mining fatalities and 
injuries in future years. We believe that lack of training is a major 
factor in the number of accidents and injuries involving shaft and 
slope construction workers. Conversely, we expect that training can 
contribute significantly to a reduction in accidents, injuries, 
illnesses, and fatalities by fostering safe work practices, increasing 
job skills, and enhancing hazard awareness and hazard prevention. The 
decrease in the number of fatalities and injuries which we have 
estimated is based on these assumptions.
    Safety and health professionals from all sectors of industry 
recognize that training is a critical element of an effective safety 
and health program. Training informs miners of safety and health 
hazards inherent in the workplace and enables them to identify and 
avoid such hazards. Training further teaches miners health and safety 
principles and safe operating procedures in performing their work 
tasks. Training becomes more important with the influx of new and less 
experienced miners and mine operators, longer work hours to meet 
demands, and increased demand for contractors who may be less familiar 
with the dangers on mine property.
    We estimate that there are approximately 19 coal and 4 metal and 
nonmetal operations (contractor firms with 20-500 employees) that 
employ shaft and slope construction workers. We estimate that 
compliance with the proposed rule would reduce the number of injuries 
and fatalities involving shaft and slope construction workers. We 
estimate that about 0.2 fatalities and 11 days-lost injuries would be 
prevented each year as a result of the proposed rule.

B. Regulatory Flexibility Act Certification

    Pursuant to the Regulatory Flexibility Act of 1980 as amended, we 
have analyzed the impact of the proposed part 48 rule on small 
entities. Based on that analysis, we have preliminarily determined that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. We have certified this finding to 
the SBA. The factual basis for this certification is discussed in 
chapter V of the PREA.
    For contractors employing 20 to 500 contractor workers, the 
estimated yearly cost of the proposed rule is about $161,000 for all 
underground coal contractors. While, for metal and nonmetal contractor 
firms, the estimated yearly cost is about $34,000. The combined 
estimated yearly cost of the proposed rule for both coal and metal and 
nonmetal contractor firms is about $195,000. For both industries, costs 
as percentage of revenues are well below one percent (0.08 percent for 
coal contractor firms and 0.02 percent for metal and nonmetal 
contractor firms) and therefore, we believe it is appropriate to 
conclude this proposed rule would not have a significant economic 
impact on a substantial number of small entities.

C. Unfunded Mandates Reform Act of 1995 and Executive Order 12875 
(Enhancing the Intergovernmental Partnership)

    For purposes of the Unfunded Mandates Reform Act of 1995, as well 
as E.O. 12875, this proposed rule does not include any Federal mandate 
that may result in increased expenditures of more than $100 million. We 
are not aware of any state, local, or tribal governments that either 
own or operate surface or underground mines.

D. Paperwork Reduction Act of 1995 (PRA)

    The proposed part 48 rule has two provisions Sec.  48.3 and Sec.  
48.23 that impose a paperwork burden requirement. This requirement does 
not involve a new training plan. It requires shaft and slope contractor 
firms to report paperwork burden hours and costs in the same manner as 
mine operators, and the reporting of this paperwork burden requirement 
is approved under OMB control number 1219-0009.
    Underground coal contractor firms would incur about 171 paperwork 
burden hours in the first year after the rule takes effect, with 
associated burden hours costs of $785; underground metal and nonmetal 
contractor firms would incur about 36 paperwork burden hours with 
associated burden hours costs of $178 the first year after the rule 
takes effect.
    Underground coal contractor firms would incur about 52 annual 
burden hours and associated costs of $1,066 starting in year two after 
the rule takes effect; underground metal and nonmetal contractor firms 
would incur about 11 annual burden hours and associated costs of $237 
starting in year two after the rule takes effect.

E. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This proposed rule is not subject to Executive Order 12630 because 
it does not involve implementation of a policy with takings 
implications.

F. Executive Order 12988: Civil Justice Reform

    We have reviewed Executive Order 12988 and determined that this 
proposed rule would not unduly burden the Federal court system. We 
wrote the proposed rule to provide a clear legal standard for affected 
conduct and reviewed it carefully to eliminate drafting errors and 
ambiguities.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    In accordance with Executive Order 13045, we have evaluated the 
environmental health and safety effects of this proposed rule on 
children and determined that it would have no adverse affect on 
children.

H. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    We certify that the proposed rule would not impose any substantial 
direct compliance costs on Indian tribal governments.

I. Executive Order 13132: Federalism

    We have reviewed this proposed rule in accordance with Executive 
Order 13132 regarding federalism and have determined that it does not 
have federalism implications.

J. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    In accordance with Executive Order 13211 we have reviewed this 
proposed rule and have determined that it would have no adverse effect 
on the production or price of coal.

[[Page 42846]]

Consequently, it would have no significant adverse effect on the 
supply, distribution, or use of energy.

K. Executive Order 13272: Proper Consideration of Small Entities in 
Agency Rulemaking

    In accordance with Executive Order 13272, we have thoroughly 
reviewed the proposed rule to assess and take appropriate account of 
its potential impact on small businesses, small governmental 
jurisdictions, and small organizations.

L. National Environmental Policy Act

    We have reviewed this proposed rule in accordance with the 
requirements of the National Environmental Policy Act (NEPA) of 1969 
(42 U.S.C. 4321 et seq.), the regulations of the Council on 
Environmental Quality (40 U.S.C. part 1500), and the Department of 
Labor's NEPA procedures (29 CFR part 11). Since this proposed rule 
would impact safety, not health, the rule is categorically excluded 
from NEPA requirements because it would have no significant impact on 
the quality of the human environment (29 CFR 11.10(a)(1)). Accordingly, 
we have not conducted an environmental assessment nor provided an 
environmental impact statement.

M. Assessment of Federal Regulations and Policies on Families

    We have determined that 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 Appropriations Act of 1999 
requires no further agency action, analysis, or assessment.

List of Subjects in 30 CFR Part 48

    Mine safety and health, Reporting and recordkeeping requirements, 
Training programs and mining.

    For reasons set forth in the preamble, we propose to amend Chapter 
I of Title 30.

PART 48--[AMENDED]

    1. The authority citation for part 48 continues to read as follows:

    Authority: 30 U.S.C. 811, 825.

    2. Section 48.2 is amended by revising paragraphs (a)(1) 
introductory text and (a)(1)(i) and by adding paragraph (b)(4) as 
follows:


Sec.  48.2  Definitions.

* * * * *
    (a)(1) Miner means, for purposes of Sec. Sec.  48.3 through 48.10 
of this subpart A, any person working in an underground mine and who is 
engaged in the extraction and production process, or engaged in shaft 
or slope construction, or who is regularly exposed to mine hazards, or 
who is a maintenance or service worker employed by the operator or a 
maintenance or service worker contracted by the operator to work at the 
mine for frequent or extended periods. This definition shall include 
the operator if the operator works underground on a continuing, even if 
irregular, basis. Short-term, specialized contact workers, such as 
drillers and blasters, who are engaged in the extraction and production 
process or engaged in shaft or slope construction and who have received 
training under Sec.  48.6 (Experienced miner training) of this subpart 
A may, in lieu of subsequent training under that section for each new 
employment, receive training under Sec.  48.11 (Hazard training) of 
this subpart A. This definition does not include:
    (i) Workers under subpart C of this part 48, engaged in the 
construction of major additions to an existing mine which requires the 
mine to cease operations;
* * * * *
    (b) * * *
    (4) A person employed as a shaft or slope construction worker on 
the effective date of the final rule.
* * * * *
    3. Section 48.3 is amended by revising paragraph (a) introductory 
text and adding paragraph (o) as follows:


Sec.  48.3  Training plans; time of submission; where filed; 
information required; time for approval; method for disapproval; 
commencement of training; approval of instructors.

    (a) Except as provided in paragraph (o) of this section, each 
operator of an underground mine shall have an MSHA approved plan 
containing programs for training new miners, training experienced 
miners, training miners for new tasks, annual refresher training, and 
hazard training for miners as follows:
* * * * *
    (o) Each operator engaged in shaft or slope construction shall have 
an MSHA approved training plan, as outlined in this section, containing 
programs for training new miners, training experienced miners, training 
miners for new tasks, annual refresher training, and hazard training 
for miners as follows:
    (1) In the case of an operator engaged in shaft or slope 
construction on [insert the publication date of final rule] the 
operator shall submit a plan for approval by [insert date 120 days from 
date final rule is published], unless extended by MSHA.
    (2) In the case of new shaft or slope construction, the operator 
shall have an approved plan prior to commencing shaft or slope 
construction.
* * * * *
    4. Paragraph (d) of Sec. 48.8 is revised to read as follows:


Sec.  48.8  Annual refresher training of miners; minimum courses of 
instruction; hours of instruction.

* * * * *
    (d) All persons employed as shaft and slope construction workers on 
[insert effective date of final rule] must receive annual refresher 
training within 12 months of [insert effective month of the final 
rule].

Subpart B--[Amended]

    5. Section 48.22 is amended by revising paragraphs (a)(1) 
introductory text, (a)(1)(i) and by adding paragraph (b)(4) as follows:


Sec.  48.22  Definitions.

* * * * *
    (a)(1) Miner means, for purposes of Sec. Sec.  48.23 through 48.30 
of this subpart B, any person working in a surface mine or surface 
areas of an underground mine and who is engaged in the extraction and 
production process, or engaged in shaft or slope construction, or who 
is regularly exposed to mine hazards, or who is a maintenance or 
service worker employed by the operator or a maintenance or service 
worker contracted by the operator to work at the mine for frequent or 
extended periods. This definition shall include the operator if the 
operator works at the mine on a continuing, even if irregular, basis. 
Short-term, specialized contract workers, such as drillers and 
blasters, who are engaged in the extraction and production process or 
engaged in shaft or slope construction and who have received training 
under Sec.  48.26 (Experienced miner training) of this subpart B, may 
in lieu of subsequent training under that section for each new 
employment, receive training under Sec.  48.31 (Hazard training) of 
this subpart B. This definition does not include:
    (i) Construction workers under subpart C of this part 48;
* * * * *
    (b) * * *
    (4) A person employed as a shaft or slope construction worker on 
[insert the effective date of the final rule].
* * * * *

[[Page 42847]]

    6. Section 48.23 is amended by revising paragraph (a) introductory 
text and adding paragraph (o) as follows:


Sec.  48.23  Training plans; time of submission; where filed; 
information required; time for approval; method for disapproval; 
commencement of training; approval of instructors.

    (a) Except as provided in paragraph (o) of this section, each 
operator of a surface mine shall have an MSHA approved plan containing 
programs for training new miners, training experienced miners, training 
miners for new tasks, annual refresher training, and hazard training 
for miners as follows:
* * * * *
    (o) Each operator engaged in shaft or slope construction shall have 
an MSHA approved training plan, as outlined in this section, containing 
programs for training new miners, training experienced miners, training 
miners for new tasks, annual refresher training, and hazard training 
for miners as follows:
    (1) In the case of an operator engaged in shaft or slope 
construction on [insert the publication date of final rule] the 
operator shall submit a plan for approval by [insert date 120 days from 
date final rule is published], unless extended by MSHA.
    (2) In the case of new shaft or slope construction, the operator 
shall have an approved plan prior to commencing shaft or slope 
construction.
* * * * *
    7. Paragraph (d) of Sec.  48.28 is revised to read as follows:


Sec.  48.28  Annual refresher training of miners; minimum courses of 
instruction; hours of instruction.

* * * * *
    (d) All persons employed as shaft and slope construction workers on 
[insert effective date of final rule] must receive annual refresher 
training within 12 months of [insert effective month of the final 
rule].
* * * * *
    8. Subpart C is added to part 48 and reserved to read as follows:

Subpart C--[Reserved]

    Dated: July 7, 2004.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 04-15842 Filed 7-15-04; 8:45 am]
BILLING CODE 4510-43-P