deadline for equipping the mines with the caches. Coal operators have no deadline to provide miners with improved rescue gear. It also sets no deadline for new communications equipment or tracking devices. On February 2, 2003, MHST director Conaway said as soon as the equipment becomes available, "we’re expecting them to be in the mines....An operator is going to have to show us that they have it or that it’s on order....If they can’t get them, they are going to have to show us that they have ordered them and that they are trying to get them.” According to Ward, Chris Hamilton, vice president of the West Virginia Coal Association, said “I know there are several months of backlog right now...There is still some concern on the reliability of the wireless communications and tracking system....A lot of that is still in the prototype stage and not commercially available.” This last statement contradicts the finding of a 2003 MSHA report, which called the systems “generally effective” and said the agency “encourages” their use. Mine and Industrial Accident Rapid Response System The West Virginia Division of Homeland Security proposes a rule that requests filed under the state Freedom of Information Act “shall be held in abeyance until appropriate notification of next of kin of any deceased or victims that are grievously injured.” The next of kin will have to give consent for the release of information. Any requests for information about mine accidents reported to the new response system must include the “exact dates and times” of accidents and “the intended use of any information provided.” Jimmy Gianato, the state’s homeland security director, said the language might need to be revised if questions are raised about properly responding to FOIA requests. H.R. 4695 On February 1, 2006, Representative Nick J. Rahall (D-WV) filed companion legislation in the House of Representatives, where it was referred to the House Committee on Education and the Workforce. Cosponsors were Shelley Moore Capito (R-WV) and Alan B. Mollohan (D-WV). Current status is found by searching on the bill number on Thomas, the Library of Congress's legislative information system. The Congressional Record for Rahall's comments is found on page H127. His extended comments are found on pages E 46 and 47. Rule changes for the Mine Safety and Health Act of 1977 Emergency temporary rules for mine operators On March 9, 2006, David G. Dye, acting assistant secretary