Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Proposed Rules 69617 

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. 

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://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Electronic mail: zzMSHAcomments@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://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://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. 

December 7, 2010 ..... National Mine Health and Safety Academy, 1301 Airport Road, Beaver, WV 25813 ............................ 304–256–3201 

December 9, 2010 ..... The George Washington Hotel, 60 South Main Street, Washington, PA 15301 .................................... 724–225–3200 

January 11, 2011 ...... Marriott Evansville Airport, 7101 Highway 41, North Evansville, IN 47725 ............................................ 812–867–7999 

January 13, 2011 ...... Sheraton Birmingham, 2101 Richard Arrington Jr. Blvd., North Birmingham, AL 35203 ....................... 205–324–5000 

January 25, 2011 ...... Marriott Salt Lake City, 75 S West Temple, Salt Lake City, UT 84101 .................................................. 801–531–0800 

January 27, 2011 ...... Mine Safety and Health Administration, 25th Floor Conference Room, 1100 Wilson Blvd., Arlington, 

VA 22209.

202–693–9440 

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 


hsrobinson on DSK69SOYB1PROD with PROPOSALS
69618 Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Proposed Rules 

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/ 

m3)’’ should read ‘‘(100 ug/m3)’’. 

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: 

‘‘o ́ i = ı`i × CVtotal.’’ 

should read: 

‘‘si = μi × CVtotal’’ 

5. On page 64483, the equation in the 

center of the page: 

should read: 

6. On page 64483, second column, 

below the equation being corrected in 5. 

above, the equation: 

should read: 

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 


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