[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Notices]
[Pages 77069-77072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29943]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Wireless Communications and Electronic Tracking Systems Guidance

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

ACTION: Notice of availability of Program Policy Letter; request for 
comments.

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SUMMARY: This notice is announcing the issuance of a Program Policy 
Letter (PPL) to provide mine operators guidance for implementing the 
Mine Improvement and New Emergency Response Act (MINER Act) 
requirements for wireless communications and electronic tracking 
systems. Material in the guidance does not constitute a regulation.

DATES: All comments must be received by Midnight Eastern Standard Time 
on January 8, 2009.

ADDRESSES: Comments may be sent by any of the following methods:
    (1) Electronic mail: zzMSHA-Standards--Comments to Fed Reg 
[email protected].
    (2) Electronic mail: [email protected].
    (3) Regular mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939.
    (4) Hand Delivery or Courier: 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.
    Comments can be accessed electronically at http://www.msha.gov/currentcomments.asp. MSHA will post all comments on the Internet 
without change, including any personal information provided. Comments 
may also be reviewed at the Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia. Sign 
in at the receptionist's desk on the 21st floor.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, 
[email protected] (E-mail), 202-693-9440 (Voice).

SUPPLEMENTARY INFORMATION:

I. Background

    On June 15, 2006, the President signed the MINER Act of 2006 (Pub. 
L. 109-236). The MINER Act requires that each underground coal mine 
operator have an approved Emergency Response Plan (ERP) that includes 
post-accident communications and post-accident tracking. Further, the 
MINER Act requires that by June 15, 2009, each operator must submit a 
plan that provides for ``a post-accident communication system between 
underground personnel and surface personnel via a wireless two-way 
medium and an electronic tracking system that permits surface personnel 
to determine the location of any persons trapped underground, or set 
forth within the plan the reasons such provisions can not be adopted''.

II. Overview

    As of December 12, 2008, approved electronic tracking systems are 
available. However, fully wireless communications technology is not 
sufficiently developed at this time, nor is it likely to be 
technologically feasible by June 15, 2009.
    In accordance with Executive Order (EO) 12866 on Regulatory 
Planning and

[[Page 77070]]

Review, as amended by EO 13422 (January 18, 2007), and the Bulletin for 
Agency Good Guidance Practices (Good Guidance Bulletin), adopted by the 
Office of Management and Budget, MSHA has issued a PPL to provide mine 
operators guidance for implementing MINER Act requirements for wireless 
communications and electronic tracking systems by June 15, 2009. 
Specifically, the guidance addresses electronic tracking systems and 
acceptable alternatives to fully wireless communication systems for use 
in mine emergencies. The guidance represents MSHA's current thinking 
with respect to two-way communication and electronic tracking for use 
in mine emergencies.
    In accordance with the Good Guidance Bulletin, MSHA has made the 
PPL on ``Guidance for Compliance with Post-Accident Two-Way 
Communications and Electronic Tracking Requirements of the MINER Act'' 
publicly available on the Agency's Web site for comment. MSHA is also 
making available on the Agency's website preliminary estimates of costs 
associated with implementing the MINER Act requirements under the 
guidance in the PPL. MSHA invites the public to comment on the guidance 
in the PPL, as well as the preliminary cost estimates. MSHA's draft PPL 
and preliminary cost estimates are posted on the Internet at http://www.msha.gov/regs/complian/pplmen.htm. You may view all comments on the 
Agency's Web site at http://www.msha.gov/currentcomments.asp.
    MSHA will consider initiating rulemaking on requirements for 
wireless post-accident communication systems and electronic tracking 
systems in the future. In the interim, MSHA is issuing the PPL to 
respond to underground coal mine operators' requests for guidance to 
assist them in implementing these requirements of the MINER Act in a 
timely and effective manner. MSHA will use comments received to help 
the Agency determine the most appropriate course of action.

Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
Effective Date:--------------------------------------------------------
Expiration Date:-------------------------------------------------------

Program Policy Letter No. P08-

From: Kevin Stricklin, Administrator for Coal Mine Safety and Health; 
Mark Skiles, Director of Technical Support.
Subject: Guidance for Compliance with Post-Accident Two-Way 
Communications and Electronic Tracking Requirements of the Mine 
Improvement and New Emergency Response Act (MINER Act).

Scope

    This program policy letter (PPL) is intended for Mine Safety and 
Health Administration (MSHA) personnel, equipment manufacturers, repair 
facilities, underground coal mine operators and independent 
contractors, miners' representatives, and other interested parties.

Purpose

    This PPL is a general statement of policy that provides mine 
operators guidance in implementing: (1) Alternatives to fully wireless 
post-accident two-way communication between underground and surface 
personnel and (2) electronic tracking systems, both of which are 
required by the MINER Act. The two-way communication alternatives (or 
``partially wireless'' systems) include infrastructure underground to 
provide untethered communications with miners.

Policy

    The following guidance is provided to assist mine operators in 
developing post-accident two-way communication between underground and 
surface personnel and electronic tracking for their Emergency Response 
Plans (ERPs), as required by the MINER Act. The MINER Act requires, by 
June 15, 2009, a plan be submitted that provides for a post-accident 
communication system between underground personnel and surface 
personnel via a wireless two-way medium and an electronic tracking 
system that permits surface personnel to determine the location of any 
persons trapped underground. If these provisions cannot be adopted, the 
MINER Act requires that ERPs must set forth an alternative means of 
compliance that approximates, ``as closely as possible, the degree of 
functional utility and safety protection provided by the wireless two-
way medium and tracking system'' referenced.
    With respect to tracking, because electronic systems currently are 
available and MSHA approved, new ERPs and revisions to existing ERPs 
should provide for electronic tracking of persons underground.
    However, because fully wireless communications technology is not 
sufficiently developed at this time, nor is it likely to be 
technologically feasible by June 15, 2009, this guidance addresses 
acceptable alternatives to fully wireless communication systems. New 
ERPs and revisions to existing ERPs should provide for alternatives to 
fully wireless communication systems.
    This guidance represents MSHA's current thinking with respect to 
two-way communication and electronic tracking for use in mine 
emergencies. It does not create or confer any rights for any person and 
it does not operate to bind mine operators or any other members of the 
public. Mine operators can use an alternative approach or system to 
provide two-way communication or electronic tracking, if the approach 
or system satisfies the requirements of applicable statutes and 
regulations. If you are a mine operator, miners' representative, or 
miner and want to discuss another approach or system, you may contact 
the MSHA District Manager for the area in which the mine is located. 
Other interested parties may contact the individuals identified in this 
PPL. References to the District Manager in this PPL refer to the 
Agency's existing consultative process for approving mine plans, as 
opposed to the process for enforcement decisions related to citations.

Two-Way Communication System

    By June 15, 2009, in accordance with Section 2 of the MINER Act, 
until fully wireless systems are available, operators must set forth in 
their Emergency Response Plans the reasons that they are proposing 
alternative systems, that is, that wireless systems are not available, 
and provide an alternative that approximates, as closely as possible, 
the degree of functional utility and safety protection provided by a 
wireless two-way communications system. While operators and District 
Managers must consider mine-specific circumstances in determining 
appropriate two-way communications systems, this guidance outlines the 
features MSHA believes would best approximate the functional utility 
and safety protections of a fully wireless system, given the 
limitations of current technology. As noted, operators and others may 
propose other approaches or systems, and the District Manager will 
exercise his discretion in evaluating them. Communications systems that 
are already in use may need to be updated to comply with the MINER Act 
requirements to approximate the utility and safety protections of a 
fully wireless system.
    1. General Considerations--An alternative to a fully wireless 
communications system used to meet the requirements of the MINER Act 
for post-accident communication either can be a system used for day-to-
day operations or a stored system used in the event of an accident. 
Examples of currently available technologies that

[[Page 77071]]

may be capable of best approximating a fully wireless communications 
system include, but are not limited to, leaky feeder, mesh and medium 
frequency systems. Any alternative system generally should:
    a. Have an untethered device that miners can use to communicate 
with the surface. The untethered device should be readily accessible to 
each group of miners working or traveling together and to any 
individual miner working or traveling alone.
    b. Provide communication in the form of two-way voice and/or two-
way text messages. If used, pre-programmed text messages should be 
capable of providing information to the surface necessary to determine 
the status of miners and the conditions in the mine, as well as 
providing the necessary emergency response information to miners.
    c. Provide an audible, visual, and/or vibrating alarm that is 
activated by an incoming signal. The alarm should be distinguishable 
from the surrounding environment.
    d. Be capable of sending an emergency message to each of the 
untethered devices.
    e. Be installed to prevent interference with blasting circuits and 
other electrical systems.
    2. Coverage Area
    a. The system must provide coverage for each working section in a 
mine including all intersections.
    b. The system also generally should provide continuous coverage 
along the escapeways and a coverage zone both inby and outby strategic 
areas of the mine, such as belt drives and transfer points, power 
centers, loading points, refuge alternatives, SCSR caches and other 
areas identified by the District Manager. While a coverage zone of 200 
feet inby and 200 feet outby strategic areas normally should be 
adequate, the District Manager may require longer or shorter distances 
given circumstances specific to the mine.
    i. The District Manager may approve alternative coverage areas to 
those areas identified in 2(b), such as adjacent entries, for reasons 
such as radio frequency interference or other factors that may reduce 
the coverage area at the identified strategic areas.
    ii. Miners should follow an established check-in/check-out 
procedure or an equivalent procedure when assigned to work in bleeders 
or other remote areas of the mine that are not provided with 
communications coverage.
    3. Permissibility--The communication system must be approved by 
MSHA to comply with 30 CFR part 23 and applicable policies.
    4. Standby Power for Underground Components and Devices
    a. Stationary components (infrastructure) generally should be 
equipped with a standby power source capable of providing sufficient 
power to facilitate evacuation and rescue in the event the line power 
fails or is cut off. In many mining situations, at least 24 hours of 
standby power based on a 5% transmit time, 5% receive time, and 90% 
idle time duty cycle (denoted as 5/5/90) generally should be adequate, 
but mine-specific conditions may warrant more or less standby power 
capability.
    b. Portable devices, such as hand-held radios, generally should 
provide sufficient power to facilitate evacuation and rescue following 
an accident. In many mining situations, at least 4 hours of operation 
in addition to the normal shift duration (12-hour minimum total 
duration) based on a 5/5/90 duty cycle generally should be adequate, 
but mine-specific conditions may warrant more or less capability.
    5. Surface Considerations
    a. The communication system generally should include a line-powered 
surface component with a standby power source to ensure continued 
operation in the event the line power is interrupted.
    b. The surface components of the communication system should be 
located at the communication facility required under 30 CFR 75.1600-1 
where a person who is always on duty when persons are underground can 
receive incoming messages and respond immediately in the event of an 
emergency. The person should be trained in the operation of the 
communication system and knowledgeable of the mine's Emergency Response 
Plan.
    6. Survivability
    a. The post-accident communication system generally should provide 
redundant signal pathways to the surface component.
    b. Redundancy can be achieved by multiple systems installed in 
multiple entries, or one system with multiple pathways to the surface; 
provided that a failure in one system or pathway does not affect the 
other system or pathway.
    c. Redundancy means that the system can maintain communications 
with the surface when a single pathway is disrupted. Disruption can 
include major events in an entry or component failure.
    d. If system components must be installed in areas vulnerable to 
damage (such as in front of seals), protection against forces that 
could cause damage should be provided.
    7. Maintenance
    a. The equipment manufacturer generally should provide a 
maintenance schedule and checklist to the mine operator.
    b. The mine operator generally should:
    i. Establish and follow a procedure to provide communications 
during system or component failures in the event that an accident 
occurs before the failure can be corrected.
    ii. Check the standby power and functionality of the system and the 
untethered devices on a weekly basis as required by 30 CFR 75.512-2.
    iii. Follow the manufacturer's maintenance recommendations.

Electronic Tracking System

    Approved electronic tracking systems are available. While operators 
and District Managers must consider mine-specific circumstances in 
determining an appropriate electronic tracking system, this guidance 
outlines features MSHA believes would provide the protection 
contemplated in the MINER Act in many underground coal mining 
environments. As noted, operators and others may propose alternative 
approaches or systems, and the District Manager will exercise his 
discretion in evaluating them.
    1. By June 15, 2009, a plan must be submitted that provides for 
determining the location of persons underground using an electronic 
tracking system pursuant to 30 U.S.C. 876(b)(2)(F)(ii).
    2. Performance
    a. While the required capabilities of a particular tracking system 
will depend on mine-specific circumstances, an effective electronic 
tracking system generally should be capable of:
    i. Determining the location of miners on a working section 
including all intersections to within 200 feet.
    ii. Determining the location of miners in escapeways at intervals 
not exceeding 2,000 feet.
    iii. Determining the location of miners within 200 feet of 
strategic locations such as belt drives and transfer points, power 
centers, loading points, refuge alternatives, SCSR caches, and other 
areas deemed appropriate by the District Manager (example: A reader is 
placed 200 feet or less from each strategic location).
    iv. Determining direction of travel at key junctions in escapeways.
    b. Electronic tracking systems generally should be installed to 
prevent interference with blasting circuits and other electrical 
systems.
    3. Permissibility--The tracking system must be approved by MSHA 
under 30 CFR part 23 and applicable policies.

[[Page 77072]]

    4. Standby Power for Underground Components
    a. Stationary components (infrastructure) should be capable of 
tracking persons underground during evacuation and rescue efforts, even 
upon loss of mine power. In many circumstances, the capacity to provide 
a minimum of 24 hours of continuous tracking operation after a power 
loss generally should be sufficient.
    b. An individually-worn/carried tracking device (e.g., a tag) 
generally should provide a low power warning. To facilitate evacuation 
and rescue efforts, the individually-worn/carried tracking device 
generally should provide at least 4 hours of operation in addition to 
the normal shift duration (12-hour total minimum duration).
    5. Capacity--Tracking system components (readers) must be capable 
of tracking the maximum number of persons, including visitors, expected 
to be in a coverage area.
    6. Scanning rate--In order to provide timely and relevant 
information, the tracking system generally should be capable of 
updating (refreshing) location data at least every 60 seconds.
    7. Surface Considerations
    a. The surface component of a tracking system should be located at 
the communication facility required under 30 CFR 75.1600-1 where a 
person is always on duty when miners are underground and should include 
a line-powered interface that can display the location of all miners 
underground. The person should be trained in the operation of the 
tracking system.
    b. The surface tracking component should be equipped with standby 
power to ensure continuous operation in the event the line power is 
interrupted.
    c. The tracking system interface should display the last known 
location of a miner when the tracking device is not communicating with 
the system.
    d. Each miner should be uniquely identified.
    e. Location data should be associated with a time stamp.
    f. Location data should be stored for two weeks so that it will be 
available for evacuation and rescue of persons underground, as well as 
for accident investigations.
    8. Survivability
    a. If system components must be installed in areas vulnerable to 
damage (such as in front of seals), protection against forces that 
could cause damage should be provided. For example, protection could be 
provided by installing enclosures in recessed areas, around corners, or 
other areas that reduce potential for damage, or routing and protecting 
cables such that potential for damage is minimized.
    b. Data storage should not be impacted by interruption of the data 
link between underground and surface components.
    9. Maintenance
    a. The equipment manufacturer generally should provide a 
maintenance schedule and checklist to the mine operator.
    b. The mine operator generally should:
    i. Establish and follow a procedure to provide tracking during 
system or component failures in the event that an accident occurs 
before the failure can be corrected.
    ii. Check the standby power and functionality of the system and the 
devices worn by the miner on a weekly basis as required by 30 CFR 
75.512-2.
    iii. Follow the manufacturer's maintenance recommendations.

Background

    The MINER Act of 2006 included the following requirement for 
communications and tracking systems:

    Not later than 3 years after the date of enactment of the Mine 
Improvement and New Emergency Response Act of 2006, a [n emergency 
response] plan shall, to be approved, provide for post accident 
communication between underground and surface personnel via a 
wireless two-way medium, and provide for an electronic tracking 
system permitting surface personnel to determine the location of any 
persons trapped underground or set forth within the plan the reasons 
such provisions can not be adopted. Where such plan sets forth the 
reasons such provisions can not be adopted, the plan shall also set 
forth the operator's alternative means of compliance. Such 
alternative shall approximate, as closely as possible, the degree of 
functional utility and safety protection provided by the wireless 
two-way medium and tracking system referred to in this subpart.

    Since fully wireless communication systems technology is not 
currently available to mine operators, alternative means of compliance 
using partially wireless two-way communication is warranted.
    In addition, the MINER Act requires:

    Consistent with available technology and with the physical 
constraints, if any, of the mine, the plan shall provide for above 
ground personnel to determine the current, or immediately pre-
accident, location of all underground personnel. Any system so 
utilized shall be functional, reliable, and calculated to remain 
serviceable in a post-accident setting.

    As of the date of this PPL, electronic tracking is available and 
MSHA approved. As technological advances are made and become available, 
MSHA will update this guidance, and District Managers will review 
existing Emergency Response Plans to consider the manner in which 
intervening advances in electronic tracking systems may enhance miners' 
ability to evacuate or otherwise survive in an emergency.

Authority

    Section 316 of the Federal Mine Safety and Health Act of 1977, as 
amended, 30 U.S.C. 876; 30 CFR part 23 and 75.1600.

Filing Instructions

    This program policy letter should be filed behind the tab marked 
``Program Policy Letters'' at the back of Volume II of the Program 
Policy Manual.

Internet Availability

    This program policy letter may be viewed on the World Wide Web by 
accessing the MSHA home page (http://www.msha.gov) and choosing 
``Compliance Info'' and ``Program Policy Letters.'' A list of MSHA-
approved two-way communications systems and a list of MSHA-approved 
electronic tracking systems may be found at http://www.msha.gov/techsupp/PEDLocating/MSHAApprovedPEDproducts.pdf.

Issuing Offices and Contact Persons

MSHA, Approval and Certification Center, David Chirdon, (304) 547-2026, 
E-mail: [email protected].
Coal Mine Safety and Health, Salwa El-Bassioni, (202) 693-9525, E-mail: 
[email protected].

Distribution

    MSHA Program Policy Manual Holders;
    Manufacturers of Mining Equipment and Mine Equipment Repair 
Facilities;
    Miners' Representatives;
    Underground Mine Operators;
    Underground Independent Contractors;
    Special Interest Groups.

 [FR Doc. E8-29943 Filed 12-17-08; 8:45 am]
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