Retrospective Study of Respirable Coal Mine Dust Rule, 31809 [2019-14271]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Proposed Rules]
[Page 31809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14271]



[[Page 31809]]

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

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

[Docket No. MSHA-2018-0014]
RIN 1219-AB90


Retrospective Study of Respirable Coal Mine Dust Rule

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for Information; extension of comment period.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is extending 
the comment period on the Request for Information on a Retrospective 
Study of Respirable Coal Mine Dust Rule. The comment period is extended 
until July 9, 2022. Pursuant to MSHA's ongoing study, this extension 
gives stakeholders additional time to provide input on developing the 
framework to assess the impact of the final rule, Lowering Miners' 
Exposure to Respirable Coal Mine Dust, Including Continuous Personal 
Dust Monitors and to provide MSHA information and data on engineering 
controls and best practices that lower miners' exposure to respirable 
coal mine dust.

DATES: The comment period for the request for information, published on 
July 9, 2018 (83 FR 31710), which was scheduled to close on July 9, 
2019, is extended until July 9, 2022. Comments must be received or 
postmarked by midnight Eastern Daylight Savings time on July 9, 2022.

ADDRESSES: Submit comments and informational materials, identified by 
RIN 1219-AB90 or Docket No. MSHA-2018-0014, by one of the following 
methods:
     Federal E-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include RIN 1219-AB90 or 
Docket No. MSHA-2018-0014 in the subject line of the message.
     Mail: MSHA, Office of Standards, Regulations, and 
Variances, 201 12th Street S, Suite 4E401, Arlington, Virginia 22202-
5452.
     Fax: 202-693-9441.
     Hand Delivery or Courier: MSHA, 201 12th Street S, 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.
    Instructions: All submissions must include RIN 1219-AB90 or Docket 
No. MSHA-2018-0014. Do not include personal information that you do not 
want publicly disclosed; MSHA will post all comments without change to 
https://www.regulations.gov and https://www.msha.gov/currentcomments.asp, 
including any personal information provided.
    Docket: For access to the docket to read comments received, go to 
https://www.regulations.gov or https://www.msha.gov/currentcomments.asp. 
To read background documents, go to https://www.regulations.gov. Review 
the docket in person at MSHA, Office of Standards, Regulations, and 
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 
22202-5452, 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.
    Email Notification: To subscribe to receive an email notification 
when MSHA publishes rules in the Federal Register, and program 
information, instructions, and policy, go to https://www.msha.gov/subscriptions/subscribe.aspx.

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).

SUPPLEMENTARY INFORMATION: On May 1, 2014, MSHA published a final rule, 
``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including 
Continuous Personal Dust Monitors'' (79 FR 24814) (Dust rule). The 
purpose of the Dust rule is to reduce occupational lung diseases in 
coal miners. As MSHA noted in the preamble to the Dust rule, the health 
effects from occupational exposure to respirable coal mine dust consist 
of interstitial and obstructive pulmonary diseases (79 FR 24819) that 
can lead to permanent disability and death.
    Interstitial lung diseases, like coal workers' pneumoconiosis (CWP) 
and silicosis, may have a significant latency period between exposure 
and disease. The health effects from exposure to respirable coal mine 
dust may not be realized for 10 or more years until the disease becomes 
clinically apparent. In addition, the chronic effects of interstitial 
lung diseases, such as CWP and silicosis, may progress or worsen even 
after miners are no longer exposed to respirable coal mine dust. Thus, 
miners' exposure to respirable coal mine dust before final 
implementation of the Dust rule on August 1, 2016, may continue to 
contribute to the development of lung diseases in coal miners. New 
miners hired after August 1, 2016, are the only cohort of coal miners 
who are unaffected by exposures that occurred before full 
implementation of the Dust rule.
    In the preamble to the Dust rule, MSHA stated its intent to take 
the lead in conducting a retrospective study beginning February 1, 2017 
(79 FR 24867), with an unspecified completion date. Since the Dust 
rule, went into effect, MSHA has studied more than 250,000 respirable 
dust samples taken by mine operators who use the CPDM and by MSHA 
inspectors who use the gravimetric sampler. MSHA's analysis shows that 
more than 99 percent of the samples were in compliance with MSHA's 
respirable coal mine dust standards. The sample data allows MSHA to 
evaluate the effectiveness of dust controls in mines and whether the 
rule results in reduced levels of respirable coal dust. This data is 
available on MSHA's website and is updated on a periodic basis.
    MSHA continues to evaluate respirable dust controls and best 
practices for compliance with the rule's requirements. MSHA also meets 
with mine operators and miners to provide mine-specific compliance and 
technical assistance and continues to consult with the Department of 
Health and Human Services' National Institute for Occupational Safety 
and Health (NIOSH).
    On July 9, 2018 (83 FR 31710), MSHA published a ``Request for 
Information on a Retrospective Study of Respirable Coal Mine Dust 
Rule'' (RFI). The comment period is scheduled to close on July 9, 2019. 
The Agency has determined that extending the comment period until July 
9, 2022, will give interested parties more time to provide ongoing 
input on developing the framework for a study to assess the impact of 
the Dust rule. Furthermore, due to the significant latency period 
between exposure to respirable coal mine dust and when occupational 
lung disease becomes clinically apparent, MSHA anticipates a long-term, 
ongoing need for comments on this issue so that it always has the most 
current information.
    The Agency will continue to make comments received public, 
including comments on engineering controls and best practices that 
lower miners' exposure to respirable coal mine dust by publishing the 
comments as they are received on the Agency's website and at 
www.regulations.gov.

David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2019-14271 Filed 6-28-19; 4:15 pm]
 BILLING CODE 4510-43-P