The respondents for the paperwork provisions of this rule are underground coal mine operators. The records will be used by coal mine operators, supervisors, and employees, and State and Federal mine inspectors to provide assurance that each mine operator and mine rescue team is prepared for a mine emergency. The records show that the mine rescue team equipment has been examined and tested and is in good working order. The training records show that the mine rescue team members and the responsible persons at the mine are competent to respond to a mine emergency involving a fire, an explosion, or a gas or water inundation. The records greatly assist those who use them in making decisions that will ultimately affect the safety of all persons working underground.
These information collection requirements help assure that properly trained mine rescue teams are readily available to save endangered miners in life-threatening situations. In addition, the training requirements in this information collection will help assure the safety of the mine rescue team itself.
The Mine Improvement and New Emergency Response Act of 2006 became effective on June 15, 2006 (MINER Act). The goal of the MINER Act is Âto improve the safety of mines and mining. To accomplish this goal, the MINER Act includes provisions to improve mine emergency response time, improve mine rescue team effectiveness, and increase the quantity and quality of mine rescue team training.
Section 4 of the MINER Act required MSHA to publish regulations on mine rescue teams. Because the mine rescue team provisions contained in Section 4 of the MINER Act apply only to underground coal mines, this rule will affect those mines and the mine rescue teams that cover them.
MSHA published a final rule revising the AgencyÂs requirements for mine rescue teams for underground coal mines on February 8, 2008. The United Mine Workers of America challenged the final rule in the U.S. Court of Appeals for the District of Columbia Circuit. On February 10, 2009, the Court vacated the ruleÂs provisions allowing mine-site and state-sponsored teams to train at small mines annually and State employees who are members of state-sponsored teams to substitute certain job duties for participation in one of two mine rescue contests required annually. The Court also vacated MSHAÂs conclusion in the preamble that State employees who are members of state-sponsored teams may participate in a mine rescue contest by serving as judges. See IntÂl Union, United Mine Workers of Am. v. DepÂt of Labor, 554 F.3d 150 (D.C. Cir. 2009).
Consistent with the CourtÂs decision, MSHA is revising the existing rule to require mine-site and state-sponsored teams to train at small mines semiannually and State employees who are members of state-sponsored teams to participate in two mine rescue contests annually. An emergency review is necessary in order to obtain approval of the changes implemented by the aforementioned final rule which is being promulgated for reasons stated above and is effective upon publication.
On February 10, 2009, the United States Court of Appeals for the District of Columbia Circuit held that MSHAÂs Mine Rescue Teams rule, issued on February 8, 2008, is inconsistent with Section 4 of the MINER Act in three respects. See IntÂl Union, United Mine Workers of Am. v. DepÂt of Labor, 554 F.3d 150 (D.C. Cir. 2009. MSHA is issuing a final rule to revise the existing rule in accordance with the MINER Act, consistent with the CourtÂs decision. This action has resulted in an increase of public burden.
This final rule revises MSHAÂs existing standards for mine rescue teams for underground coal mines resulting in an increase of 216 responses and 163 burden hours.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Mine Rescue Teams