[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Proposed Rules]
[Pages 69617-69618]
From the Federal Register Online via the Government Publishing 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 http://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: [email protected]. 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
[email protected] (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:
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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 http://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