Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors, 69617-69618 [2010-28676]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Proposed Rules]
[Pages 69617-69618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28676]



[[Page 69617]]

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 70, 71, 72, 75, and 90

RIN 1219-AB64


Lowering Miners' Exposure to Respirable Coal Mine Dust, Including 
Continuous Personal Dust Monitors

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; notice of public hearings; corrections.

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SUMMARY: The Mine Safety and Health Administration (MSHA) will hold six 
public hearings on the proposed rule addressing Lowering Miners' 
Exposure to Respirable Coal Mine Dust, Including Continuous Personal 
Dust Monitors. The proposed rule was published on October 19, 2010 (75 
FR 64412) and is available on MSHA's Web site at https://www.msha.gov/REGS/FEDREG/PROPOSED/2010Prop/2010-25249.pdf. This document also 
corrects a few errors in the preamble of the proposed rule.
    The proposed rule would lower miners' exposure to respirable coal 
mine dust by revising the Agency's existing standards on miners' 
occupational exposure to respirable coal mine dust. The major 
provisions of the proposal would lower the existing exposure limits for 
respirable coal mine dust; implement full-shift sampling to address 
extended work shifts; redefine the term ``normal production shift;'' 
and provide for the use of a single full-shift sample to determine 
compliance under the mine operator and MSHA's inspector sampling 
programs. The proposed rule would also require the use of the 
Continuous Personal Dust Monitor (CPDM) for exposure monitoring, and 
expand requirements for medical surveillance.
    The proposed rule would significantly improve health protections 
for underground and surface coal miners by reducing their occupational 
exposure to respirable coal mine dust and lowering the risk that they 
will suffer material impairment of health or functional capacity over 
their working lives.

DATES: Hearings will be held on the following dates: December 7, 2010, 
December 9, 2010, January 11, 2011, January 13, 2011, January 25, 2011 
and January 27, 2011. The locations are listed in the SUPPLEMENTARY 
INFORMATION section of this document.
    Post-hearing comments must be received by midnight Eastern Standard 
Time on February 28, 2011.

ADDRESSES: Comments must be identified with ``RIN 1219-AB64'' and may 
be sent by any of the following methods:
     Federal e-Rulemaking Portal: 
http:[sol][sol]www.regulations.gov. Follow the instructions for 
submitting comments.
     Electronic mail: zzMSHA-comments@dol.gov. Include ``RIN 
1219-AB64'' in the subject line of the message.
     Facsimile: 202-693-9441. Include ``RIN 1219-AB64'' in the 
subject line of the message.
     Regular Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939.
     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.
    MSHA will post all comments on the Internet without change, 
including any personal information provided. Comments can be accessed 
electronically at http:[sol][sol]www.msha.gov under the ``Rules & 
Regs'' link. Comments may also be reviewed in person 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.
    MSHA maintains a list that enables subscribers to receive e-mail 
notification when the Agency publishes rulemaking documents in the 
Federal Register. To subscribe, go to http:[sol][sol]www.msha.gov/
subscriptions/subscribe.aspx.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office 
of Standards, Regulations, and Variances, MSHA, at 
Silvey.Patricia@dol.gov (E-mail), (202) 693-9440 (Voice), or (202) 693-
9441 (Fax).

SUPPLEMENTARY INFORMATION:

I. Public Hearings

    MSHA will hold six public hearings on the proposed rule to provide 
the public with an opportunity to present oral statements, written 
comments, and other information on this rulemaking. The public hearings 
will begin at 9 a.m. and end after the last presenter speaks, and in 
any event not later than 5 p.m., on the following dates at the 
locations indicated:

------------------------------------------------------------------------
              Date                      Location           Contact No.
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December 7, 2010................  National Mine Health      304-256-3201
                                   and Safety Academy,
                                   1301 Airport Road,
                                   Beaver, WV 25813.
December 9, 2010................  The George                724-225-3200
                                   Washington Hotel,
                                   60 South Main
                                   Street, Washington,
                                   PA 15301.
January 11, 2011................  Marriott Evansville       812-867-7999
                                   Airport, 7101
                                   Highway 41, North
                                   Evansville, IN
                                   47725.
January 13, 2011................  Sheraton Birmingham,      205-324-5000
                                   2101 Richard
                                   Arrington Jr.
                                   Blvd., North
                                   Birmingham, AL
                                   35203.
January 25, 2011................  Marriott Salt Lake        801-531-0800
                                   City, 75 S West
                                   Temple, Salt Lake
                                   City, UT 84101.
January 27, 2011................  Mine Safety and           202-693-9440
                                   Health
                                   Administration,
                                   25th Floor
                                   Conference Room,
                                   1100 Wilson Blvd.,
                                   Arlington, VA 22209.
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    The hearings will begin with an opening statement from MSHA, 
followed by an opportunity for members of the public to make oral 
presentations. You do not have to make a written request to speak; 
however, persons and organizations wishing to speak are encouraged to 
notify MSHA in advance for scheduling purposes.
    Speakers and other attendees may present information to MSHA for 
inclusion in the rulemaking record. The hearings will be conducted in 
an informal manner. Formal rules of evidence or cross examination will 
not apply.
    A verbatim transcript of the proceedings will be prepared and made 
a part of the rulemaking record. The transcript will be available to 
the public on MSHA's website at https://www.msha.gov under the ``Rules & 
Regs'' link.
    MSHA will accept post-hearing written comments and other 
appropriate information for the record from any interested party, 
including those not presenting oral statements. Comments must be 
received by midnight Eastern Standard Time on February 28, 2011.
    MSHA solicits comments from the mining community on all aspects of 
the proposed rule and is particularly interested in comments that 
address alternatives to key provisions in the proposal. For example, 
MSHA invites comment on other situations where it may be appropriate to 
require the use of CPDMs, such as sampling of other designated 
occupations on the mechanized mining unit to account for all mining 
techniques, potential

[[Page 69618]]

overexposures, and ineffective engineering controls. Commenters are 
requested to be specific in their comments and submit detailed 
rationale and supporting documentation for any comment or suggested 
alternative that is submitted.

II. Corrections

    The following errors in the preamble to the proposed rule are 
corrected to read as follows:
    1. On page 64413, second column, top of the page, first line, 
``from 1-105 fewer cases of pneumoconiosis per thousand exposed truck 
drivers, and'' should read ``that improvements would range from 7 fewer 
cases of pneumoconiosis per thousand loading machine operators up to 
105 fewer cases of pneumoconiosis,''.
    2. On page 64421, second column, top of the page, eighth line, 
``(100 ug mg/m\3\)'' should read ``(100 ug/m\3\)''.
    3. On page 64476, Table VII-6-Annualized Costs of Proposed Rule 7% 
Discount Rate, in the fourth column, under the heading ``501 +'', first 
line, ``$35.6'' should read ``$4.4,'' and in the fifth column, under 
the heading, ``Totals,'' first line, insert ``$35.6''.
    4. On page 64483, first column, second full paragraph, the 
equation:

``[oacute]i = [igrave]i x CVtotal.''

should read:

``[sigma]i = [mu]i x CVtotal''

    5. On page 64483, the equation in the center of the page:
    [GRAPHIC] [TIFF OMITTED] TP15NO10.001
    
should read:
[GRAPHIC] [TIFF OMITTED] TP15NO10.002

    6. On page 64483, second column, below the equation being corrected 
in 5. above, the equation:
[GRAPHIC] [TIFF OMITTED] TP15NO10.003

should read:
[GRAPHIC] [TIFF OMITTED] TP15NO10.004


    Dated: November 9, 2010.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2010-28676 Filed 11-12-10; 8:45 am]
BILLING CODE 4510-43-P