68468 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56, 57, 62, 70, and 71

RIN 1219–AA53

Health Standards for Occupational

Noise Exposure

AGENCY: Mine Safety and Health

Administration (MSHA), Labor.

ACTION: Supplemental proposed rule;

close of comment period; notice of

public hearing; close of record.

SUMMARY: This proposed rule would

supplement MSHA’s proposed rule for

occupational noise exposure in coal

mines and in metal and nonmetal

mines, which was published on

December 17, 1996, by adding a new

provision addressing the right of miners

and miners’ representatives to observe

required operator monitoring under the

proposed noise exposure standards.

MSHA is also announcing the close of

the comment period, notice of public

hearing, and close of the rulemaking

record.

DATES: Written comments must be

received on or before February 17, 1998.

Written comments on the information

collection requirements must be

received on or before March 2, 1998.

MSHA will hold a public hearing. The

hearing will be held on January 21,

1998. The hearing will begin at 9:00

a.m. All requests to make oral

presentations for the record should be

submitted at least 5 days prior to the

hearing date. A written request is not

required for an opportunity to speak.

The record for the rulemaking will close

on January 30, 1998 to allow for the

submission of post-hearing comments.

ADDRESSES: Comments on this

supplemental proposed rule must be

clearly identified as such and may be

transmitted by electronic mail to

noise@msha.gov; by fax to MSHA,

Office of Standards, Regulations, and

Variances, 703–235–5551; or by mail to

MSHA, Office of Standards,

Regulations, and Variances, 4015

Wilson Boulevard, Room 631,

Arlington, VA 22203. Interested persons

are encouraged to supplement written

comments with computer files or disks;

please contact the Agency with any

format questions.

Written comments on the information

collection requirements may be

submitted directly to the Office of

Information and Regulatory Affairs,

Attention: Desk Officer for MSHA,

Office of Management and Budget

(OMB), New Executive Office Building,

725 17th Street NW., Room 10235,

Washington, DC 20503.

The hearing will be held at the

following location: Department of Labor,

Frances Perkins Building, C–5515

Seminar Room 3, 200 Constitution

Avenue NW., Washington, DC 20210.

Send requests to make oral

presentations to MSHA, Office of

Standards, Regulations, and Variances,

4015 Wilson Boulevard, Room 631,

Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director; MSHA,

Office of Standards, Regulations, and

Variances; 703–235–1910.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

This supplemental proposed rule

would require mine operators to provide

affected miners and miners’

representatives with an opportunity to

observe operator monitoring required

under § 62.120(f) of MSHA’s proposed

rule for occupational noise exposure in

coal and metal and nonmetal mines,

published December 17, 1996 (61 FR

66348). It also would require mine

operators to inform miners and miners’

representatives of the dates and times of

planned operator noise monitoring so

that miners and miners’ representatives

would have an opportunity to exercise

the right to observe monitoring. This

collection of information is subject to

review by OMB under the Paperwork

Reduction Act of 1995 (PRA 95).

Description: MSHA estimates that

each mine operator would notify miners

and miners’ representatives of planned

noise monitoring in one of three ways:

oral notification, posted notice, or

individually distributed written notices.

The Agency estimates that 45 percent of

mine operators would notify miners

orally, 35 percent would notify miners

via posted notices, and 20 percent

would notify miners by distributing

individual written notices.

The Agency estimates that it would

take a supervisor, earning $36 per hour

at a metal/nonmetal mine or $42 per

hour at a coal mine, about 2 minutes

(0.033 hour) to notify miners and

miners’ representatives orally of

monitoring activities and that it would

take a supervisor approximately 6

minutes (0.10 hour) to instruct a clerical

worker to prepare a written notice or a

posted notification. A clerical worker

would take about 5 minutes (0.08 hour)

to prepare a notice. Metal/nonmetal

miners earn $23 per hour on average

and coal miner wages average $26 per

hour. A clerical worker earns about $16

per hour.

Description of Respondents: The

respondents are mine operators. MSHA

estimates that this provision would

annually affect 7,241 metal/nonmetal

mines and 2,146 coal mines.

Information Collection Burden:

MSHA estimates that, in addition to the

information collection burden of the

comprehensive proposed noise rule, the

supplemental proposed rule on

observation of monitoring would

increase the mining industry’s

information collection burden by

approximately $166,915. For this

supplemental proposed rule, the total

estimated annual information collection

burden for metal and nonmetal mines is

about 4,624 hours at an estimated

annual cost of about $103,355 which

consists entirely of labor and

photocopying costs. The total estimated

annual information collection burden

for coal mines is about 2,740 hours at

an estimated annual cost of about

$63,560 in labor and photocopying

costs.

The following chart summarizes

MSHA’s estimates for metal and

nonmetal mines and for coal mines.

§ 62.120(g) Number of

respondents

Average

hours per

response

Number of

responses

Number of responses per respondentAnnual

costs for

materials

Total hours

per regulation

Oral Notice

Metal/Nonmetal .......................................................... 3,258 0.033 49,950 1 $0 1,756

Coal ............................................................................ 966 0.033 34,060 1 0 1,156

Individual Notices

Metal/Nonmetal .......................................................... 1,449 0.08 22,200 1 0.25 1,920

Coal ............................................................................ 429 0.08 15,138 1 0.25 1,254
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules 68469

§ 62.120(g) Number of

respondents

Average

hours per

response

Number of

responses

Number of responses per respondentAnnual

costs for

materials

Total hours

per regulation

Posted Notices

Metal/Nonmetal .......................................................... 2,534 0.08 2,534 3/sm; 6/lg 0.25 948

Coal ............................................................................ 751 0.08 751 3/sm; 6/lg 0.25 330

Total .................................................................... 9,387 .................... 124,633 .................... 7,364

Note: MSHA has prepared a detailed description of the burden calculation in Appendix A.

Under section 3507(o) of PRA 95, the

Agency has submitted a copy of this

proposed rule to OMB for its review and

approval of these information

collections. Interested persons are

requested to send comments regarding

these burden estimates or any other

aspect of these proposed information

collection provisions, including

suggestions for reducing these burdens,

(1) directly to the Office of Information

and Regulatory Affairs, Attention: Desk

Officer for MSHA; OMB, New Executive

Office Building, 725 17th Street NW.,

Room 10235; Washington, DC 20503,

and (2) to Patricia W. Silvey, Director;

Office of Standards, Regulations, and

Variances, MSHA; 4015 Wilson

Boulevard, Room 631; Arlington, VA

22203.

II. Introduction and Rulemaking

Background

On December 17, 1996, MSHA

published in the Federal Register a

proposed rule to revise the Agency’s

existing health standards for exposure to

occupational noise (61 FR 66348). The

proposal would retain the current

permissible exposure level of 90 dBA

and would establish a new 8-hour timeweighted average of 85 dBA as an action

level. Emphasis would be placed on the

use of feasible engineering and

administrative control measures,

audiometric examinations, training, and

properly fitted hearing protection.

The comment period for the proposed

rule closed on April 21, 1997. MSHA

received and reviewed comments from

various sectors of the mining

community, including mine operators,

industry trade associations, organized

labor, health associations, colleges and

universities, and equipment

manufacturers. The Agency began a

series of public hearings on the

proposed rule on May 6, 1997.

In the December 17, 1996 proposal,

§ 62.120(f) would require operators to

establish a system of monitoring which

effectively evaluates each miner’s noise

exposure. In response to this proposed

provision, some commenters were

concerned about the need to include

requirements providing miners and

their representatives with the right to

observe monitoring. These commenters

prompted MSHA to reconsider its

responsibilities under the Federal Mine

Safety and Health Act of 1977 (Mine

Act). Section 103(c) of the Mine Act

requires, among other things, that when

the Secretary issues regulations

requiring operator monitoring, ‘‘[s]uch

regulations shall provide miners or their

representatives with an opportunity to

observe such monitoring or measuring,

and to have access to the records

thereof.’’ As a result of this review,

MSHA is supplementing its proposed

noise standard to include the

requirement of observation of

monitoring for miners and their

representatives.

MSHA believes that miners who

observe the monitoring of their

exposures will be aided in their

understanding of the nature and extent

of the noise hazard. The supplemental

proposed rule would result in improved

miner protection because involvement

in the process of monitoring should

increase the miner’s awareness of noise

exposure levels in their workplace.

III. Discussion and Summary of

Proposed Rule

This proposed rule would supplement

MSHA’s proposed noise standard by

including a new provision at

§ 62.120(g), Observation of Monitoring,

which would require that mine

operators provide both affected miners

and their representatives with an

opportunity to observe any monitoring

required under the proposed noise rule.

This provision would implement

Section 103(c) of the Mine Act.

Consistent with the underlying

purposes of the Mine Act, MSHA

broadly interprets the opportunity for

observation of monitoring to extend to

both miners and their representatives.

The proposed comprehensive noise

standard would require mine operators

to institute feasible engineering and

administrative controls to prevent or

reduce miner overexposures to noise.

Therefore, MSHA intends for miners

and miners’ representatives to have an

opportunity to observe personal and

area operator monitoring conducted for

the purposes of evaluating the need for

and effectiveness of these control

measures.

In addition, the proposal would

require mine operators to inform

affected miners and miners’

representatives of the dates and times

they intend to conduct required

monitoring relating to this section.

MSHA believes that it is important for

miners and miners’ representatives to

have advance knowledge of operator

monitoring so that they may exercise the

opportunity to observe the monitoring.

Furthermore, the proposed

supplemental rule does not specify a

required method of notification. Under

the proposal, the operator may use any

method of notification including oral,

written, or posting, which effectively

informs miners and their

representatives.

MSHA views operator monitoring to

be an important component in the mine

operator’s overall noise protection

program. The primary purpose of

operator monitoring is protection of the

miners. Monitoring provides operators

with an awareness of the noise exposure

levels to which miners are exposed. In

addition, it informs operators of their

obligations to reduce noise levels, as

applicable under the proposal, to ensure

protection of the miners.

IV. Executive Order 12866 and the

Regulatory Flexibility Act

Executive Order 12866 requires that

regulatory agencies assess both the costs

and benefits of proposed regulations.

MSHA has determined that this

proposed supplemental rule, together

with the comprehensive proposed noise

rule, does not meet the criteria of a

significant regulatory action and,

therefore, has not prepared a separate

analysis of costs and benefits. The

analysis contained in this preamble

meets MSHA’s responsibilities under

E.O. 12866 and the Regulatory

Flexibility Act.

Executive Order 12866

MSHA estimates that this

supplemental proposed rule would

result in an additional annual cost
68470 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules

increase of $844,665 (bringing the total

costs of the comprehensive proposed

rule, including this supplemental

proposal, to slightly less than $9.2

million annually). The supplemental

proposed rule would result in improved

miner protection under the proposed

comprehensive noise standard by

increasing the miner’s awareness of

noise exposure levels in their

workplace.

Observation of Monitoring

The proposed rule would require

mine operators to permit affected

miners and miners’ representatives to

observe the operator’s monitoring

conducted to determine the noise

exposures of miners. MSHA anticipates

that approximately 25 percent of mines

performing monitoring under the

proposal would have a non-duty miner

and miner’s representative exercising

the right to observe these activities. For

the remainder of mines, MSHA expects

that miners and miner’s representatives

would either forego their observation

rights, have an off-duty miner observe,

or have an off-duty miners’

representative observe. For the latter

category of miners and their

representatives, MSHA assumes that

there are no costs associated with lost

production.

MSHA estimates that about 7,241

metal/nonmetal mine operators (6,218

small; 1,023 large) and 2,145 coal mine

operators (1,255 small; 890 large) would

perform exposure evaluations sufficient

to determine the noise doses of miners.

The scope of observation could include

activities such as calibrating equipment,

placing equipment, actual sampling,

and recording results. The Agency

anticipates that the time required for

observation of monitoring would take

about 2 hours at small mines and about

5 hours at large mines annually.

Included in these estimates are 0.25

hour per miner to hook up the

dosimeter at the beginning of the work

day and to read the dosimeter at the end

of the day. The Agency notes that it is

using an annual basis for the sole

purpose of this cost analysis and that

this should not be confused with the

frequency in which operator monitoring

would have to be performed at a

particular mine site to establish an

effective system of monitoring under

proposed § 62.120(f).

For the purpose of this analysis,

MSHA estimates that the cost to the

mine operator for a miner’s observation

of monitoring is the cost of lost

production. Production from metal/

nonmetal mines was valued at about

$38 billion and the production from

coal mines was valued at about $20

billion in 1995. Based on the

preliminary employee’ hours reported to

MSHA for metal/nonmetal mines and

coal mines for 1996, MSHA estimates

the value of production per hour, as an

industry-wide average, to be slightly

less than $112 per hour for a metal/

nonmetal miner and about $107 per

hour for a coal miner. MSHA estimates

that lost production resulting from

miners observing the operator’s noise

monitoring activities would cost the

mining industry about $677,750

annually. This cost is attributable as

shown in the following table.

Mine type

Value of

lost production

SM M/NM ......... 6,218 mines * 25% * 2 hr/mine * $111.90/hr ........................................................................................................... $347,940

LG M/NM .......... 1,023 mines * 25% * 5 hr/mine * $111.90/hr ........................................................................................................... $143,110

SM Coal ........... 1,255 mines * 25% 2 hr/mine * $107.30/hr .............................................................................................................. $67,330

LG Coal ............ 890 mines * 25% 5 hr/mine * $107.30/hr ................................................................................................................. $119,370

Notification of Miners and Miners’

Representatives of Operator Monitoring

MSHA would require that mine

operators notify affected miners and

miners’ representatives of plans to

conduct noise monitoring so that the

miners and miners’ representatives

would have the opportunity to exercise

the right to observe. For purposes of this

cost analysis, MSHA presumes that 45

percent of those mine operators who

plan to conduct noise monitoring would

inform miners and miners’

representatives orally, for example,

during a daily meeting; 35 percent of

those mine operators would inform

miners by posting a notice; and 20

percent of those mine operators would

inform miners by distributing a written

notice to each affected miner. These

estimates do not address other effective

means of notifying miners and their

representatives.

MSHA estimates that notifying miners

of planned operator noise monitoring

activities would cost the mining

industry about $167,415 annually. This

cost is attributable as shown in the

following table.

Notification costs SM M/NM LG M/NM SM coal LG coal Total

Oral Notice ................................................................................................ $15,380 $26,400 $4,265 $26,295 $72,340

Individually Distributed Notices ................................................................. 15,280 23,900 3,815 21,150 64,145

Posted Notice ........................................................................................... 17,820 4,575 3,860 4,175 30,430

Totals ................................................................................................. 48,480 54,875 11,940 51,620 166,915

The following provides a detailed

description of these cost calculations.

MSHA examined the costs by mine size

and by type of mining operation (coal or

metal/nonmetal).

Oral Notices

MSHA estimates that about 3,258

metal/nonmetal mine operators (2,798

small; 460 large) and 966 coal mine

operators (565 small; 401 large) would

notify miners and miners’

representatives of planned operator

noise monitoring activities orally once a

year. Small metal/nonmetal mines

would inform about 15,885 miners;

large metal and nonmetal mines would

inform about 34,065 miners; small coal

mines would inform about 4,059

miners; and large coal mines would

inform about 30,001 miners. MSHA

estimates that it takes a supervisor about

2 minutes (0.033 hour) to orally notify

miners during a daily meeting. The

following table shows the cost

calculations for oral notice.
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules 68471

Mine type Miners’ labor cost Supervisor’s labor cost Total

SM M/NM ........... 15,885 miners * 0.033 hr * $23/hr ............................... 2,798 mines * 0.033 hr * $36/hr ................................... $15,380

LG M/NM ........... 34,065 miners * 0.033 hr * $23/hr ............................... 460 mines * 0.033 hr * $36/hr ...................................... 26,400

SM Coal ............. 4,059 miners * 0.033 hr * $26/hr ................................. 565 mines * 0.033 hr * $42/hr ...................................... 4,265

LG Coal .............. 30,001 miners * 0.033 hr * $26/hr ............................... 401 mines * 0.033 hr * $42/hr ...................................... 26,295

Written Notices

For the metal/nonmetal industry,

MSHA estimates that 1,449 mine

operators (1,244 small; 205 large) would

prepare notices informing 22,200 miners

of their right to observe operator

monitoring (7,060 for small mines;

15,140 for large mines). In addition,

MSHA estimates that 429 coal mine

operators (251 small; 178 large) would

notify about 15,138 miners (1,804 for

small mines; 13,334 for large mines).

MSHA estimates an average of 0.08 hour

of clerical time to be spent per miner for

a notice to be prepared and distributed,

$0.25 per miner for photocopying, and

0.1 hour of supervisory time per mine

to be spent giving instructions to a

clerical worker. The following table

shows the cost calculations for written

notices.

Miners’ labor cost Supervisor’s labor cost Total

SM M/NM ........... 7,060 miners * ($0.25/copy + 0.08 hr * $16/hr) ........... 1,244 mines * (0.10 hr * $36/hr) .................................. $15,280

LG M/NM ........... 15,140 miners * ($0.25/copy + 0.08 hr * $16/hr) ......... 205 mines * (0.10 hr * $36/hr) ..................................... 23,900

SM Coal ............. 1,804 miners * ($0.25/copy + 0.08 hr * $16/hr) ........... 251 mines * (0.10 hr * $42/hr) ..................................... 3,815

LG Coal .............. 13,334 miners * ($0.25/copy + 0.08 hr * $16/hr) ......... 178 mines * (0.10 hr * $42/hr) ..................................... 21,150

Posted Notices

For the metal/nonmetal industry,

MSHA estimates that 2,534 mine

operators (2,176 small; 358 large) would

post written notices. For coal mines, 439

small mines and 312 large mines would

post written notices. MSHA estimates

an average of 0.08 hour of clerical time

to be used to have the notice prepared

and posted, $0.25 per notice for

photocopying, and 0.1 hour of

supervisory time per mine to be spent

giving instructions to a clerical worker.

A small mine would post about 3

notices and a large mine would post

approximately 6 notices throughout the

mine property. The following table

shows the cost calculations for posting.

Clerical labor cost Supervisor’s labor cost Total

SM M/NM ........... 3 posting sites/sm mine * 2,176 mines * ($0.25/copy

+ 0.08 hr * $16/hr).

2,176 mines * (0.10 hr * $36/hr) .................................. $17,820

LG M/NM ........... 6 posting sites/lg mine * 358 mines * ($0.25/copy +

0.08 hr * $16/hr).

358 mines * (0.10 hr * $36/hr) ..................................... 4,575

SM Coal ............. 3 posting sites/sm mine * 439 mines * ($0.25/copy +

0.08 hr * $16/hr).

439 mines * (0.10 hr * $42/hr) ..................................... 3,860

LG Coal .............. 6 posting sites/lg mine * 312 mines ($0.25/copy +

0.08 hr * $16/hr).

312 mines * (0.10 hr * $42/hr) ..................................... 4,175

V. Regulatory Flexibility Act and Small

Business Regulatory Enforcement

Fairness Act (SBREFA)

The Regulatory Flexibility Act (RFA)

requires regulatory agencies to consider

a rule’s impact on small entities. Under

the SBREFA amendments to the RFA,

MSHA must use the Small Business

Administration (SBA) definition for a

small mine of 500 or fewer employees

or, after consultation with the SBA

Office of Advocacy, establish an

alternative definition for the mining

industry by publishing that definition in

the Federal Register for notice and

comment. MSHA traditionally has

considered small mines to be those with

fewer than 20 employees. For the

purposes of the RFA and this

certification, MSHA has analyzed the

impact of the proposed rule on all mines

with fewer than 500 employees, as well

as on those with fewer than 20

employees.

The Agency has provided a copy of

this proposed rule and regulatory

flexibility certification statement to the

SBA Office of Advocacy. In addition,

MSHA will mail a copy of the proposed

rule, including the preamble and

regulatory flexibility certification

statement, to all mine operators and

miners’ representatives.

Regulatory Flexibility Certification

In accordance with § 605 of the RFA,

MSHA certifies that this proposed

supplemental rule together with the

comprehensive proposed noise rule

would not have a significant economic

impact on a substantial number of small

entities. No small governmental

jurisdictions or nonprofit organizations

are affected.

Under the SBREFA amendments to

the RFA, MSHA must include a factual

basis in the proposed rule for this

certification. The Agency also must

publish the regulatory flexibility

certification in the Federal Register,

along with its factual basis, followed by

an opportunity for comment by the

public.

Factual Basis for Certification

The Agency has used a quantitative

approach in concluding that the

supplemental proposed rule does not

have a significant impact on a

substantial number of small entities.

The Agency performed its analysis

separately for two groups of mines: the

coal mining sector as a whole, and the

metal and nonmetal mining sectors as a

whole. Based on a review of available

sources of public data on the mining

industry, the Agency believes that a

quantitative analysis of the impacts on

various mining subsectors (i.e., beyond

the 4-digit SIC level) may not be

feasible. The Agency requests

comments, however, on whether there

are special circumstances that warrant

separate quantification of the impact of

this proposal on any mining subsector,

and information on how it might readily
68472 Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules

obtain the data necessary to conduct

such a quantitative analysis. The

Agency is fully cognizant of the

diversity of mining operations in each

sector, and has applied that knowledge

as it developed the proposal.

As reflected in the certification,

MSHA analyzed the costs of this

proposal for small and large mines using

both the traditional Agency definition of

a small mine and, as required by the

RFA, SBA’s definition. The Agency

compared the costs of the proposal for

small mines in each sector to the

revenues for each sector for every size

category analyzed. In each case, the

results indicated that the costs as a

percent of revenue are substantially less

than 1 percent.

MSHA estimates that this

supplemental proposed rule would

result in an additional annual cost

increase of $844,665 (bringing the total

costs of the comprehensive proposed

rule, including this supplemental

proposal, to approximately $9.2 million

annually).

The following table summarizes the

results of the analysis of the

supplemental proposed rule for all

mines and for those which employ

fewer than 20 miners.

Provision

Small mines

(<20 miners)

Large mines

(>=20 miners)

Total annual

cost

Metal/Nonmetal

Observation .............................................................................................................................................. $347,940 $143,110 $491,050

Notification ................................................................................................................................................ 48,480 54,875 103,355

Coal

Observation .............................................................................................................................................. 67,330 119,370 186,700

Notification ................................................................................................................................................ 11,940 51,620 63,560

All Mines

475,690 368,975 844,665

The following table summarizes the

results of the Agency’s analysis of the

supplemental proposed rule’s costs and

effects on revenue.

SMALL MINES: COSTS COMPARED TO REVENUES

No. of

mines affected (> 85

dBA)

Estimated

annual

costs

Estimated

revenue

(millions)

Estimated

cost per

small mine

Cost as %

of revenue

Coal Mines

Small <20 .................................................................................................. 1,255 $79,270 $855 $63 0.009

Large >=20 ............................................................................................... 891 170,990 19,094 192 0.000

Small <500 ................................................................................................ 2,136 249,210 19,117 117 0.001

Large >=500 ............................................................................................. 9 1,050 831 117 0.000

All Coal Mines ........................................................................................... 2,146 250,260 20,000 117 0.001

M/NM Mines

Small <20 .................................................................................................. 6,218 396,920 11,929 64 0.003

Large > 20 ................................................................................................ 1,023 197,985 26,071 194 0.001

Small < 500 .............................................................................................. 7,222 593,344 32,134 82 0.002

Large > 500 .............................................................................................. 19 1,561 5,866 82 0.000

All M/NM Mines ........................................................................................ 7,241 594,905 38,000 82 0.001

In determining revenues for coal

mines, MSHA multiplied coal

production data (in tons) for mines in

specific size categories (reported to

MSHA quarterly) by the average price

per ton (from the Department of Energy,

Energy Information Administration,

Annual Energy Review 1995). For metal

and nonmetal mines, the Agency

estimated revenues for specific mine

size categories as the proportionate

share of these mines’ contributions to

the Gross National Product (from the

Department of Interior, formerly known

as the Bureau of Mines, Mineral

Commodities Summaries 1996).

VI. Unfunded Mandates Reform Act of

1995

MSHA has determined that, for

purposes of § 202 of the Unfunded

Mandates Reform Act of 1995, this

supplemental proposal, together with

the comprehensive proposed noise rule,

does not include any Federal mandate

that may result in increased

expenditures by state, local, or tribal

governments in the aggregate of more

than $100 million, or increased

expenditures by the private sector of

more than $100 million. Moreover, the

Agency has determined that for

purposes of § 203 of that Act, this

supplemental proposal together with the

comprehensive proposed noise rule

does not significantly or uniquely affect

small governments.

List of Subjects in 30 CFR Part 62

Mine safety and health, Noise.
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules 68473

Dated: December 19, 1997.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

It is proposed to amend Chapter I of

Title 30 of the Code of Federal

Regulations as follows:

PART 62—OCCUPATIONAL NOISE

EXPOSURE

1. The authority citation for part 62

would read as follows:

Authority: 30 U.S.C. 811, 813.

2. A new paragraph § 62.120(g) is

added to part 62 as proposed to be

added to the Code of Federal

Regulations at 61 FR 66465, December

17, 1996, to read as follows:

§ 62.120 Limitations on noise exposure.

* * * * *

(g) Observation of monitoring. The

mine operator shall provide affected

miners and their representatives with an

opportunity to observe exposure

monitoring required by this section.

Mine operators must give prior notice to

affected miners and their

representatives of the date and time of

intended monitoring.

Note: The following appendix will not

appear in the Code of Federal Regulations.

NON-MANDATORY APPENDIX A—PAPERWORK BURDEN CALCULATIONS FOR NOTIFICATION

Mine type Miners’ labor Supervisor’s labor Total hours

Oral Notices

SM M/NM ........... 15,885 miners * 0.033 hr ............................................. 2,798 mines * 0.033 hr ................................................. 617

LG M/NM ........... 34,065 miners * 0.033 hr ............................................. 460 mines * 0.033 hr .................................................... 1,139

SM Coal ............. 4,059 miners * 0.033 hr ............................................... 565 mines * 0.033 hr .................................................... 153

LG Coal .............. 30,001 miners * 0.033 hr ............................................. 401 mines * 0.033 hr .................................................... 1,003

Written Notices

SM M/NM ........... 7,060 miners * 0.08 hr ................................................. 1,244 mines * 0.10 hr ................................................... 688

LG M/NM ........... 15,140 miners * 0.08 hr ............................................... 205 mines * 0.10 hr ...................................................... 1,232

SM Coal ............. 1,804 miners * 0.08 hr ................................................. 251 mines * 0.10 hr ...................................................... 169

LG Coal .............. 13,334 miners * 0.08 hr ............................................... 178 mines * 0.10 hr ...................................................... 1,085

Posted Notices

SM M/NM ........... 3 posting sites/sm mine * 2,176 mines * 0.08 hr ......... 2,176 mines * 0.10 hr ................................................... 740

LG M/NM ........... 6 posting sites/lg mine * 358 mines * 0.08 hr .............. 358 mines * 0.10 hr ...................................................... 208

SM Coal ............. 3 posting sites/sm mine * 439 mines * 0.08 hr ............ 439 mines * 0.10 hr ...................................................... 149

LG Coal .............. 6 posting sites/lg mine * 312 mines * 0.08 hr .............. 312 mines * 0.10 hr ...................................................... 181

[FR Doc. 97–33935 Filed 12–30–97; 8:45 am]

BILLING CODE 4510–43–P