[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Proposed Rules]
[Pages 68468-68473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33935]



[[Page 68467]]

_______________________________________________________________________

Part VI





Department of Labor





_______________________________________________________________________



Mine Safety and Health Administration



_______________________________________________________________________



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



Health Standards for Occupational Noise Exposure; Proposed Rule

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

[[Page 68468]]



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 
<a href="/cdn-cgi/l/email-protection#e38d8c8a9086a38e908b82cd848c95"><span class="__cf_email__" data-cfemail="bbd5d4d2c8defbd6c8d3da95dcd4cd">[email protected]</span></a>; 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 Sec. 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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Average                                                            Annual    Total hours
                Sec.  62.120(g)                   Number of    hours per    Number of     Number of responses per respondent     costs for       per    
                                                 respondents    response    responses                                            materials    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
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 68469]]

                                                                                                                                                        
                                                                     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 time-weighted 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, Sec. 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 Sec. 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

[[Page 68470]]

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 Sec. 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.

------------------------------------------------------------------------
                                                               Value of 
          Mine type                                              lost   
                                                              production
------------------------------------------------------------------------
SM M/NM......................  6,218 mines * 25% * 2 hr/        $347,940
                                mine * $111.90/hr.                      
LG M/NM......................  1,023 mines * 25% * 5 hr/        $143,110
                                mine * $111.90/hr.                      
SM Coal......................  1,255 mines * 25% 2 hr/mine       $67,330
                                * $107.30/hr.                           
LG Coal......................  890 mines * 25% 5 hr/mine *      $119,370
                                $107.30/hr.                             
------------------------------------------------------------------------

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.

[[Page 68471]]



----------------------------------------------------------------------------------------------------------------
            Mine type                    Miners' labor cost             Supervisor's labor cost         Total   
----------------------------------------------------------------------------------------------------------------
SM M/NM.........................  15,885 miners * 0.033 hr * $23/   2,798 mines * 0.033 hr * $36/hr      $15,380
                                   hr.                                                                          
LG M/NM.........................  34,065 miners * 0.033 hr * $23/   460 mines * 0.033 hr * $36/hr..       26,400
                                   hr.                                                                          
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/   401 mines * 0.033 hr * $42/hr..       26,295
                                   hr.                                                                          
----------------------------------------------------------------------------------------------------------------

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 +      1,244 mines * (0.10 hr * $36/        $15,280
                                   0.08 hr * $16/hr).                hr).                                       
LG M/NM.........................  15,140 miners * ($0.25/copy +     205 mines * (0.10 hr * $36/hr).       23,900
                                   0.08 hr * $16/hr).                                                           
SM Coal.........................  1,804 miners * ($0.25/copy +      251 mines * (0.10 hr * $42/hr).        3,815
                                   0.08 hr * $16/hr).                                                           
LG Coal.........................  13,334 miners * ($0.25/copy +     178 mines * (0.10 hr * $42/hr).       21,150
                                   0.08 hr * $16/hr).                                                           
----------------------------------------------------------------------------------------------------------------

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   2,176 mines * (0.10 hr * $36/        $17,820
                                   mines * ($0.25/copy + 0.08 hr *   hr).                                       
                                   $16/hr).                                                                     
LG M/NM.........................  6 posting sites/lg mine * 358     358 mines * (0.10 hr * $36/hr).        4,575
                                   mines * ($0.25/copy + 0.08 hr *                                              
                                   $16/hr).                                                                     
SM Coal.........................  3 posting sites/sm mine * 439     439 mines * (0.10 hr * $42/hr).        3,860
                                   mines * ($0.25/copy + 0.08 hr *                                              
                                   $16/hr).                                                                     
LG Coal.........................  6 posting sites/lg mine * 312     312 mines * (0.10 hr * $42/hr).        4,175
                                   mines ($0.25/copy + 0.08 hr *                                                
                                   $16/hr).                                                                     
----------------------------------------------------------------------------------------------------------------

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 Sec. 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

[[Page 68472]]

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.

------------------------------------------------------------------------
                                   Small mines  Large mines             
            Provision                  (<20        (>=20        Total   
                                     miners)      miners)    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      Estimated    Estimated    Estimated    Cost as % 
                                                 affected (>     annual      revenue      cost per    of revenue
                                                   85 dBA)       costs      (millions)   small mine             
----------------------------------------------------------------------------------------------------------------
                                                   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 Sec. 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 Sec. 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.


[[Page 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 Sec. 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:


Sec. 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   2,176 mines * 0.10 hr..........          740
                                   mines * 0.08 hr.                                                             
LG M/NM.........................  6 posting sites/lg mine * 358     358 mines * 0.10 hr............          208
                                   mines * 0.08 hr.                                                             
SM Coal.........................  3 posting sites/sm mine * 439     439 mines * 0.10 hr............          149
                                   mines * 0.08 hr.                                                             
LG Coal.........................  6 posting sites/lg mine * 312     312 mines * 0.10 hr............          181
                                   mines * 0.08 hr.                                                             
----------------------------------------------------------------------------------------------------------------

[FR Doc. 97-33935 Filed 12-30-97; 8:45 am]
BILLING CODE 4510-43-P


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