[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Notices]
[Pages 36623-36624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16105]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[Docket No. MSHA-2018-0015]


Escapeways and Refuges in Underground Metal and Nonmetal Mines

AGENCY: Mine Safety and Health Administration, Labor.

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

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SUMMARY: The Mine Safety and Health Administration (MSHA) announces the 
issuance of a Program Policy Letter (PPL) to provide mine operators 
guidance regarding the existing requirement to provide escapeways for 
underground metal and nonmetal (MNM) miners to enable them to escape in 
an emergency and, when they cannot escape, for refuges to enable miners 
to shelter safely in place until they can be rescued. This guidance 
responds to questions concerning the location of such refuges under the 
standard. This guidance is not a rulemaking.

DATES: Comments must be received or postmarked by midnight Eastern 
Daylight Time (EDT) on September 27, 2019.

ADDRESSES: Submit comments and informational materials, identified by 
Docket No. MSHA-2018-0015, by one of the following methods:
     Federal E-Rulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Email: [email protected].
     Email: [email protected].
     Mail: MSHA, Office of Standards, Regulations, and 
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 
22202-5452.
     Hand Delivery or Courier: 201 12th Street South, Suite 
4E401, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday 
through Friday, except Federal holidays. Sign in at the receptionist's 
desk on the 4th floor East, Suite 4E401.
     Fax: 202-693-9441.
    Instructions: All submissions must include Docket No. MSHA-2018-
0015. Do not include personal information that you do not want publicly 
disclosed.
    Email Notification: To subscribe to receive email notification when 
MSHA publishes rulemaking documents in the Federal Register, go to 
https://www.msha.gov/subscriptions.

FOR FURTHER INFORMATION CONTACT: Sheila A. McConnell, Director, Office 
of Standards, Regulations, and Variances, MSHA, at 
[email protected] (email), 202-693-9440 (voice), or 202-693-
9441 (fax). These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: 

Availability of Information

    MSHA will post all comments without change, including any personal 
information provided. Access comments and information electronically at 
https://www.regulations.gov, or https://www.msha.gov/currentcomments.asp. Review comments in person at MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, 
Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday through 
Friday, except Federal holidays. Sign in at the receptionist's desk on 
the 4th floor East, Suite 4E401.

[[Page 36624]]

I. Overview

    Title 30 CFR 57.11050, Escapeways and Refuges, requires escapeways 
in underground MNM mines to enable miners to escape in an emergency 
and, when they cannot escape, the standard requires refuges to enable 
miners to shelter safely in place until they can be rescued. Based on 
questions from underground MNM operators, MSHA believes that this PPL 
addresses a significant safety issue regarding the placement of a 
refuge in a location that provides miners access if they cannot escape.
    In accordance with Executive Order 12866 on Regulatory Planning and 
Review and the Office of Management and Budget's (OMB) Final Bulletin 
for Agency Good Guidance Practices, MSHA has determined that the 
guidance would not be economically significant as there would be no new 
costs. MSHA has determined, however, that the guidance is significant 
because it may reasonably be anticipated to raise novel legal or policy 
issues. MSHA is therefore issuing this PPL for public comment to 
clarify the existing standard regarding placement of refuges required 
by 30 CFR 57.11050(a), and will review all comments received.

David G. Zatezalo,
Assistant Secretary for the Mine Safety and Health Administration.

EFFECTIVE DATE:--------------------------------------------------------
PROGRAM POLICY LETTER NO. P18-IV-__
FROM: TIMOTHY WATKINS; Administrator for Enforcement Mine Safety and 
Health
SUBJECT: Escapeways and Refuges (30 CFR 57.11050)

Scope

    This Program Policy Letter (PPL) applies to underground metal and 
nonmetal (MNM) mine operators, miners, miners' representatives, Mine 
Safety and Health Administration (MSHA) enforcement personnel, and 
other interested parties.

Background

    Recently, underground MNM operators have raised questions regarding 
the placement of refuges required by 30 CFR 57.11050(a). This PPL 
provides guidance regarding the placement of such refuges under the 
standard.

Purpose

    This PPL provides guidance regarding the existing standard that 
requires refuges to protect underground MNM miners in mines while a 
second escapeway is being developed or during the exploration or 
development of an ore body, and the location of such refuges.

Policy

    Title 30 CFR 57.11050, Escapeways and Refuges, requires two or more 
separate, properly-maintained escapeways in underground MNM mines to 
enable miners to escape in an emergency and, when they cannot escape, 
the standard requires refuges to enable miners to shelter safely in 
place until they can be rescued.
    The standard at 30 CFR 57.11050(a) recognizes two exceptions to the 
requirement that underground MNM miners be provided at least two 
separate escapeways from their working places to the surface. First, 
miners must be provided a method of refuge while a second escapeway is 
being developed. Second, during the exploration or development of an 
ore body, a second escapeway is ``recommended, but not required.'' MSHA 
consistently has interpreted these two exceptions to mean that if, in 
either of these situations, miners have only one escapeway from their 
working place, miners must have access to a refuge.
    This refuge should be located near the miners so that they promptly 
and reliably can enter the refuge if they cannot escape. In determining 
an appropriate distance, MSHA considers mine-specific factors in each 
case. MSHA recognizes that it may not be practicable for most working 
places near the portal (for example, within 300 feet) in a horizontal 
configuration (as opposed to vertical) to have refuges. On the other 
hand, MSHA believes that in most cases a refuge located, for example, 
1500 feet from miners on a relatively level surface (or, for example, 
reachable within a 10-minute walk in any configuration while carrying 
an injured miner) would generally be close enough to provide the 
protection the standard intends. Mine operators are encouraged to 
consult with their MSHA District Manager to determine appropriate 
refuge locations given mine-specific conditions and factors (e.g. 
steeply pitched, narrow, uneven, low-height, or wet travelways) when 
developing and reviewing the mine's escape and evacuation plan under 30 
CFR 57.11053.

Authority

    The Federal Mine Safety and Health Act of 1977, as amended, 30 
U.S.C. 801 et seq; 30 CFR 57.11050 and 57.11053.

Filing Instructions

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

Internet Availability

    This program policy letter may be viewed on the internet by 
accessing MSHA's homepage at www.msha.gov and then choosing 
``Regulations,'' ``Policy and Procedures,'' and selecting ``Program 
Policy Letters.''

Issuing Office and Contact Person

Metal and Nonmetal Mine Safety and Health, Deputy Administrator for 
Metal and Nonmetal, Brian Goepfert, (202) 693-9600, Email: 
[email protected]

Distribution

MSHA Program Policy Manual Holders
Miners' Representatives
Metal and Nonmetal Mine Operators
Special Interest Groups

[FR Doc. 2019-16105 Filed 7-26-19; 8:45 am]
 BILLING CODE 4520-43-P