In a 10-page letter by the group recently sent to MSHA, the NMA said it was “disturbed” by the rapid nature of the PPL’s release as well as “major substantive problems”

“This draft PPL will significantly impact how underground coal mine operators implement the post-accident communication and tracking requirements of the MINER Act at their operations,” it said.

“Although we appreciate having the opportunity to comment on the draft PPL, NMA is very disturbed about the manner in which the draft has been issued, especially what appears to be a rush to issue a final PPL without allowing for a careful and well-considered dialogue between the agency and its stakeholders on this critically important subject.”

However, NMA said it did agree with MSHA’s stance on taking the progress of technology into consideration.

MSHA stated: “[While] approved tracking systems are available … fully wireless communications technology is not sufficiently developed at this time, nor is it likely to be technologically feasible by June 15, 2009.”

MSHA added states can draft acceptable alternatives to fully wireless communication systems and “alternative means of using partially wireless two-way communication is warranted”.

“Not only does NMA agree with these statements, but we also urge MSHA to understand it is for these very reasons that we feel so strongly about the need to move forward on this vital issue of concern in a manner firmly grounded in law,” NMA said.

Under the Mine Improvement and New Emergency Response (MINER) Act of 2006, approved communication and tracking devices must be in use by June 15, 2009. The PPL was issued as an aid to operators in meeting the deadline.

It looked to several items specifically in its letter, including the industry’s concern over federal system requirements on standby power, maintenance, survivability, and surface issues.

Citing that the PPL will have a significant impact on all of the nation’s mines in the short term, it called for withdrawal of the document as well as renewed communication with the industry.

“[We urge] that MSHA swiftly move to initiate a deliberative and detailed dialogue with us and other stakeholders in the months ahead with the goal of developing, and then proposing and promulgating, improved mandatory safety standards for post-accident two-way communications and electronic tracking under Mine Act section 101, in a fashion consistent with the time constraints of MINER Act section 2,” the association said.

Federal regulators released the PPL in December, calling it a “guidance” and stating at the time that it reflected “current thinking with respect to two-way communication and electronic tracking for use in mine emergencies” at US operations.

“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,” MSHA stated, noting within the document published in the Federal Register that it would accept comments from the mining industry on or before January 8.

“MSHA will consider initiating rulemaking on requirements for wireless post-accident communication systems and electronic tracking systems in the future,” it said last month.

“MSHA will use comments received to help the agency determine the most appropriate course of action.”