52708 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Proposed Rules 

Regulatory Flexibility Act, as amended, 

is not required. 

Paperwork Reduction Act 

This rule does not create any new, or 

affect any existing, collections, and 

therefore, does not require OMB 

approval under the Paperwork 

Reduction Act. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social Security— 

Disability Insurance; 96.002, Social 

Security—Retirement Insurance; 96.004, 

Social Security—Survivors Insurance; and 

96.006, Supplemental Security Income) 

List of Subjects 

20 CFR Part 404 

Administrative practice and 

procedure; Blind; Disability benefits; 

Old-Age, Survivors, and Disability 

Insurance; Reporting and recordkeeping 

requirements; Social Security. 

20 CFR Part 416 

Administrative practice and 

procedure; Aged, Blind, Disability 

benefits, Public assistance programs; 

Reporting and recordkeeping 

requirements; Supplemental Security 

Income (SSI). 

Dated: October 2, 2009. 

Michael J. Astrue, 

Commissioner of Social Security. 

For the reasons set out in the 

preamble, we propose to amend subpart 

U of part 404 and subpart F of part 416 

of chapter III of title 20 Code of Federal 

Regulations as set forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart U—[Amended] 

1. The authority citation for subpart U 

of part 404 is revised to read as follows: 

Authority: Secs. 205(a), (j), and (k), and 

702(a)(5) of the Social Security Act (42 U.S.C. 

405(a), (j), and (k), and 902(a)(5)). 

2. Amend § 404.2060 by revising the 

first sentence to read as follows: 

§ 404.2060 Transfer of accumulated 

benefit payments. 

A representative payee who has 

conserved or invested benefit payments 

shall transfer these funds and the 

interest earned from the invested funds 

to either a successor payee, to the 

beneficiary, or to us, as we will specify. 

* * * 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart F—[Amended] 

3. The authority citation for subpart F 

of part 416 is revised to read as follows: 

Authority: Secs. 702(a)(5), 1631(a)(2) and 

(d)(1) of the Social Security Act (42 U.S.C. 

902(a)(5) and 1383(a)(2) and (d)(1)). 

4. Amend § 416.660 by revising the 

first sentence to read as follows: 

§ 416.660 Transfer of accumulated benefit 

payments. 

A representative payee who has 

conserved or invested benefit payments 

shall transfer these funds, and the 

interest earned from the invested funds, 

to either a successor payee, to the 

beneficiary, or to us, as we will specify. 

* * * 

[FR Doc. E9–24648 Filed 10–13–09; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[REG–116614–08] 

RIN 1545–BH90 

Disregarded Entities and Excise Taxes; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice of proposed 

rulemaking by cross-reference to 

temporary regulations. 

SUMMARY: This document contains 

corrections to a notice of proposed 

rulemaking by cross-reference to 

temporary regulations (REG–116614–08) 

that was published in the Federal 

Register on Monday, September 14, 

2009, clarifying that a single-owner 

eligible entity that is disregarded as an 

entity separate from its owner for any 

purpose, but regarded as a separate 

entity for certain excise tax purposes, is 

treated as a corporation for tax 

administration purposes related to those 

excise taxes. 

FOR FURTHER INFORMATION CONTACT: 

Michael H. Beker, (202) 622–3070 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The correction notice that is the 

subject of this document is under 

section 7701 of the Internal Revenue 

Code. 

Need for Correction 

As published on Monday, September 

14, 2009 (74 FR 46957), the notice of 

proposed rulemaking by cross-reference 

to temporary regulations (REG–116614– 

08) contains errors that may prove to be 

misleading and are in need of 

clarification. 

Correction of Publication 

Accordingly, the publication of the 

notice of proposed rulemaking by crossreference to temporary regulations 

(REG–116614–08), which was the 

subject of FR Doc. E9–21986, is 

corrected as follows: 

1. On page 46958, column 2, 

instructional paragraph 2, item number 

4, the language ‘‘4. Revising paragraphs 

(e)(2), (e)(5) and (e)(6).’’ is corrected to 

read ‘‘4. Revising paragraph (e)(2).’’. 

2. On page 46958, column 2, new item 

number 5 is added to read ‘‘5. Adding 

two sentences at the end of paragraph 

(e)(5).’’. 

3. On page 46958, column 2, 

instructional paragraph 2, new item 

number 6 is added to read ‘‘6. Adding 

one sentence at the end of paragraph 

(e)(6).’’. 

§ 301.7701–2 [Corrected] 

4. On page 46958, column 2, in 

§ 301.7701–2, paragraph (e)(5), first line, 

the language ‘‘[The text of this 

proposed’’ is corrected to read ‘‘* * * 

[The text of this proposed’’. 

5. On page 46958, column 2, in 

§ 301.7701–2, paragraph (e)(6), first line, 

the language, ‘‘[The text of this 

proposed’’ is corrected to read ‘‘* * * 

[The text of this proposed’’. 

Diane O. Williams, 

Federal Register Liaison, Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel, (Procedure 

and Administration). 

[FR Doc. E9–24655 Filed 10–13–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Parts 70, 71 and 90 

RIN 1219–AB48 

Respirable Coal Mine Dust: 

Continuous Personal Dust Monitor 

(CPDM) 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Request for information. 

SUMMARY: This document requests 

information related to the use of the 


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Continuous Personal Dust Monitor 

(CPDM) as a sampling device to measure 

a miner’s exposure to respirable coal 

mine dust. 

In September 2006, the National 

Institute for Occupational Safety and 

Health (NIOSH) published the results of 

a collaborative study designed to verify 

the performance of the pre-commercial 

CPDM in laboratory and underground 

coal mine environments. According to 

the NIOSH Report of Investigations 

9669, ‘‘Laboratory and Field 

Performance of a Continuously 

Measuring Personal Respirable Dust 

Monitor,’’ the CPDM is a new 

monitoring device that is accurate, 

precise, and durable in providing 

continuous exposure information 

previously not available to coal miners 

and coal mine operators. 

MSHA is requesting information 

regarding whether the use of the CPDM 

would lead to more effective monitoring 

and control miners’ exposure to 

respirable coal mine dust during a 

working shift. Responses to this request 

for information will assist MSHA in 

determining: How to best use the 

monitoring capability of the CPDM to 

improve miner health protection from 

disabling occupational lung disease; the 

feasibility of more effective exposure 

monitoring given the availability of 

CPDM; and what regulatory and nonregulatory actions to consider regarding 

the use of the CPDM in coal mines. 

DATES: All comments must be received 

by midnight Eastern Standard Time on 

December 14, 2009. 

ADDRESSES: Comments must be clearly 

identified with ‘‘RIN 1219–AB48’’ and 

may be sent by any of the following 

methods: 

(1) Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

(2) Electronic mail: zzMSHAcomments@dol.gov. Include ‘‘RIN 1219– 

AB48’’ in the subject line of the 

message. 

(3) Facsimile: 202–693–9441. Include 

‘‘RIN 1219–AB48’’ in the subject line of 

the message. 

(4) Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939. 

(5) 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. 

Comments can be accessed 

electronically at http://www.msha.gov 

under the Rules and Regs link. MSHA 

will post all comments on the Internet 

without change, including any personal 

information provided. Comments may 

also be reviewed 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 rulemaking documents are 

published 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, 1100 Wilson Boulevard, Room 

2350, Arlington, Virginia 22209–3939. 

Ms. Silvey can be reached at 

Silvey.Patricia@dol.gov (Internet Email), (202) 693–9440 (voice), or (202) 

693–9441 (facsimile). 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Continuous Personal Dust Monitor 

(CPDM) 

For over two decades, researchers and 

MSHA have attempted to identify 

technology that would provide real-time 

information on respirable coal mine 

dust (respirable dust) levels to which 

miners are exposed. Such information 

would enable a mine operator to be 

more proactive in determining when to 

take corrective measures to avoid 

miners’ exposure to excessive levels of 

respirable dust. The CPDM provides a 

direct measurement of respirable dust in 

the mine atmosphere on a real-time 

basis, unlike the existing sampling 

system used since 1970. As such, MSHA 

believes that corrective action based on 

CPDM monitoring results can be part of 

a comprehensive health protection 

strategy that reduces miners’ exposure 

to excessive levels of respirable dust; 

thereby reducing occupational lung 

disease among coal miners, including 

coal workers’ pneumoconiosis (CWP) or 

‘‘black lung’’ disease. 

B. Description of the Continuous 

Personal Dust Monitor (CPDM) 

The CPDM is a respirable dust 

sampler and gravimetric analysis device 

that is incorporated into the miner’s cap 

lamp battery case as a single package 

located on the belt. The device 

represents the first major advance in 

dust sampling technology in more than 

30 years. The new cap lamp battery case 

contains all the components, including 

two separate batteries, to enable the dust 

monitor and cap lamp to operate 

independently. Air from a miner’s work 

environment enters the sampling device 

through an inlet located adjacent to the 

lens of the cap light on the miner’s hard 

hat and flows via a flexible tube that 

runs parallel to the lamp cord to the 

belt-mounted device. Before entering 

the CPDM, the air stream is first coursed 

through a Higgins-Dewell (HD) cyclone 

to separate the coarse or non-respirable 

dust, so that only airborne particles that 

could penetrate to the lung will enter 

the device. From there, the air stream 

flows through: (1) A heater to remove 

excess moisture; (2) a 14-mm diameter 

glass fiber filter where respirable-size 

dust particles are collected; (3) a flow 

rate sensor; and, (4) a computercontrolled pump. 

An exchangeable filter cartridge is 

mounted on an inertial mass sensor 

called the Tapered Element Oscillating 

Microbalance (TEOM® system). The 

TEOM system is made of a hollow 

tapered tube called the tapered element, 

which is clamped at the base and free 

to oscillate at its narrow or free end on 

which the collection filter is mounted. 

Electronics positioned around the 

sensor cause the tube to oscillate at its 

natural frequency. When dust particles 

are deposited on the collection filter, the 

mass of the collection filter increases, 

causing the natural oscillating frequency 

of the tapered element to decrease. 

Because of the direct relationship 

between mass and oscillating frequency, 

the amount of respirable dust deposited 

on the filter can be determined by 

measuring the frequency change. The 

concentration of respirable dust in the 

mine atmosphere is then determined by 

the on-board computer by dividing the 

mass of dust collected by the volume of 

mine air that passed through the system 

during the time period sampled. 

To accommodate shifts greater than 8 

hours in duration, the CPDM is 

designed to operate for 12 hours. The 

display on the device continuously 

shows: (1) The respirable dust 

concentration calculated at distinct 30- 

minute intervals; (2) the average 

respirable dust exposure from the 

beginning of the shift; and, (3) the 

percent of exposure limit. Through the 

display, both the mine operator and 

miners wearing the device have the 

ability for the first time to gauge 

respirable dust exposures, as well as the 

effectiveness of corrective actions taken 

by authorized personnel to reduce a 

miner’s exposure. The CPDM is capable 

of being used in a shift mode, in which 

the device is programmed by authorized 

personnel to operate for specific shift 

lengths (e.g., 8, 10, 12 hours) to monitor 

a miner’s exposure, or in an engineering 

mode for shorter-term evaluations. If the 

monitor is operated in an engineering 

mode, authorized personnel would 

program sampling periods within the 


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shift to record respirable dust levels 

during specific mining cycles or at 

specific dust-generation sources in the 

mine. The display has various screens 

that show the: (1) Time of day; (2) 

elapsed time since beginning of the 

shift; (3) total amount of respirable dust 

accumulated on the filter since the start 

of sampling which is stored in an 

internal memory for analysis; (4) dust 

concentrations; (5) operational 

parameters including flow rate, filter 

pressure, temperature, etc.; and, (6) a 

bar graph of the average respirable dust 

concentration during the entire 

sampling period. Each bar represents 

the average concentration value for each 

previous 30-minute interval, with a new 

bar added to the graph every 30 

minutes. This, along with other 

information, is stored in the CPDM and 

can be accessed with a personal 

computer at the end of the shift for 

analysis and recordkeeping. 

The CPDM is neither capable of 

directly measuring the quartz content of 

the collected sample; nor is the 

exchangeable filter cartridge, as it is 

currently designed, suitable to permit 

the deposited dust to be analyzed for 

quartz. Therefore, regardless of the 

regulatory or non-regulatory actions 

considered regarding the use of the 

CPDM to monitor respirable coal mine 

dust, the sampling equipment approved 

under existing standards will continue 

to be used to collect separate respirable 

dust samples for quartz analysis. 

C. Collaborative Study Results 

All phases of the NIOSH collaborative 

study have been successfully 

completed. These included: (1) Planned 

10 underground in-mine tests; (2) 

subsequent extended testing undertaken 

by and at the request of several mine 

operators at four additional 

underground coal mines; (3) special area 

sampling at 180 randomly selected 

mechanized mining units to determine 

the equivalency of the pre-commercial 

CPDM to the Mining Research 

Establishment (MRE) instrument and 

the International Standards 

Organization (ISO) definition of 

respirable dust; and, (4) laboratory preand post-accuracy testing. 

On August 14, 2006, NIOSH posted 

the results of the collaborative study on 

its Web site, concluding that the new 

monitoring device was found to be 

accurate, precise, and durable under 

harsh mining conditions in providing 

real-time continuous information on 

respirable dust exposure. These findings 

and other observations are explained in 

more detail in the NIOSH Report of 

Investigations 9669, ‘‘Laboratory and 

Field Performance of a Continuously 

Measuring Personal Respirable Dust 

Monitor,’’ DHHS (NIOSH) Publication 

No. 2006–145. The report, which was 

published in September 2006, is posted 

on NIOSH’s Web site at http:// 

www.cdc.gov/niosh/mining/pubs/pdfs/ 

ri9669.pdf. 

II. Rulemaking History 

On July 7, 2000, the Secretary of 

Labor and the Secretary of Health and 

Human Services jointly published the 

proposed rule, ‘‘Determination of 

Concentration of Respirable Coal Mine 

Dust,’’ (Single Sample; 65 FR 42068), 

which would enable MSHA to more 

effectively identify and address 

overexposures to respirable coal mine 

dust. Under the proposal, MSHA would 

determine miners’ exposure to coal 

mine dust based on the results of a 

single-shift sample, rather than on the 

average of multiple samples, as has been 

the Agency’s longstanding practice. 

On July 7, 2000, MSHA also 

published a proposed rule on 

‘‘Verification of Underground Coal Mine 

Operators’ Dust Control Plans and 

Compliance Sampling for Respirable 

Dust’’ (Plan Verification; 65 FR 42122). 

Under the proposal, each operator of an 

underground coal mine would be 

required to verify and periodically 

monitor, through sampling, the 

effectiveness of dust controls for each 

mechanized mining unit specified in the 

mine’s approved ventilation plan. 

On March 6, 2003, in response to 

comments, MSHA reproposed both the 

Plan Verification rule (68 FR 10784), 

and Single Sample rule (68 FR 10940). 

The proposed rule on Plan Verification 

would integrate the use of CPDMs, with 

real-time monitoring, as part of an 

effective dust control program once the 

technology was verified as reliable 

under mining conditions and 

commercially available. 

Public hearings on the Single Sample 

and Plan Verification proposed rules 

were held in May 2003, and the 

comment period, originally scheduled 

to close on June 4, 2003, was extended 

until July 3, 2003. On July 3, 2003, 

MSHA extended the comment period on 

the Plan Verification proposal until 

further notice (68 FR 39881). In 

addition, on August 12, 2003, MSHA 

and NIOSH reopened the rulemaking 

record and extended the comment 

period on the Single Sample proposal 

until further notice (68 FR 47886). 

In August 2003, MSHA convened a 

meeting with representatives from 

NIOSH, the developer of the CPDM, and 

stakeholders representing the mining 

industry and labor. The purpose of the 

meeting was to solicit the parties’ 

participation in a collaborative study on 

performance verification testing of 25 

new pre-commercial CPDMs purchased 

by MSHA and NIOSH. The parties 

agreed to participate in this study to 

evaluate all aspects of the long-term 

performance of the CPDM in a variety of 

underground coal mine environments. 

Existing 30 CFR part 74, specifies 

requirements for approval of coal mine 

dust personal sampler units designed to 

determine the concentrations of 

respirable dust in coal mine 

atmospheres; procedures for applying 

such approval; test procedures; and 

labeling. On January 16, 2009, MSHA 

published a proposed rule in the 

Federal Register on Coal Mine Dust 

Personal Monitors (74 FR 2915). The 

proposed rule would revise 

requirements that MSHA and NIOSH 

apply to approve sampling devices that 

monitor miner exposure to respirable 

dust. The proposal would establish 

criteria for approval of the CPDM, 

which would be worn by the miner and 

would report exposure to dust levels 

continuously during the shift. In 

addition, the proposal would update 

application requirements for the 

existing ‘‘coal mine dust personal 

sampler unit’’ to reflect improvements 

in this sampler over the past 15 years. 

This document requests information 

regarding potential CPDM use for more 

effective monitoring and control of 

respirable coal mine dust. 

III. Key Issues on Which Comment Is 

Requested 

A number of important issues must be 

addressed by MSHA to develop an 

effective and comprehensive monitoring 

strategy incorporating continuous 

direct-reading exposure measurement 

technology for use in the Nation’s coal 

mines. As part of this strategy, the 

Agency is seeking comments from the 

mining community on how best to use 

the unique monitoring capabilities 

offered by the CPDM in its overall 

strategy to further improve miner health 

protection from disabling occupational 

lung disease. 

MSHA is especially interested in 

comments addressing the issues below; 

however, comments on any relevant 

issues are welcome. Comments should 

be specific and include alternatives, 

rationale, health benefits to miners (e.g., 

lives saved, illnesses averted), 

technological and economic feasibility, 

impact on small mines, and supporting 

data. 

A. CPDM Application Strategies 

The existing system of monitoring 

concentrations of respirable dust in the 

mine atmosphere where miners work or 

travel relies on periodic occupational 


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and area or environmental sampling. 

Corrective actions are required when 

sampling results indicate 

noncompliance with the applicable dust 

standard. Because all dust samples 

taken for compliance purposes must be 

transmitted to MSHA for processing, the 

results are not known for days after 

sampling. Consequently, if results 

require the operator to take corrective 

action to reduce airborne dust levels, 

those efforts would only affect 

exposures on subsequent work shifts; 

this may be some time period after 

sampling. Continuous exposure 

monitoring, on the other hand, would 

provide mine operators with 

information about the actual dust levels 

in the workplace on a real-time basis. 

This would permit mine management to 

be proactive in taking corrective action 

during the shift to prevent possible 

overexposures by optimizing mining 

practices and implementing appropriate 

measures to correct problems as they 

arise. However, successful use of 

CPDMs for exposure assessment and 

control will depend on the proper 

application of the device’s capability to 

supply timely information on respirable 

dust concentrations during a working 

shift, the proper interpretation of the 

information provided, and timely 

intervention to prevent overexposing 

miners. In this context, MSHA requests 

comment on the following related to the 

application of the CPDM: 

1. Please address conditions and 

circumstances under which CPDMs 

should be proposed for use in 

underground coal mines. In your 

response, include factors such as mine 

size, compliance history, type of 

mining, presence of quartz, and 

designated occupation. In addition, 

please address whether the CPDM could 

be integrated into the existing 

compliance strategy, and, if so, how. 

Please be specific in your response, and 

address any technological and economic 

feasibility issues associated with using 

CPDMs. 

2. Please address the advantages and 

disadvantages of the existing 

compliance strategy, which relies on a 

combination of occupational and area 

sampling, versus a personal exposure 

monitoring strategy only. Please be 

specific in your response, noting the 

safety and health benefits of each 

strategy. 

3. If CPDMs were to be required, how 

should a compliance strategy based on 

CPDMs be structured? Please be specific 

as to miners and occupations covered 

and include the rationale for your 

response. Include suggestions for the 

role of the mine operator, miner, miners’ 

representatives, and MSHA under such 

a strategy. 

4. How would the use of CPDMs 

impact the frequency of sampling? 

Please be specific and address how the 

concentration and exposure levels 

impact the frequency of sampling. 

5. What examinations should be 

performed to assure the validity of 

exposure measurements, and how 

frequently should these examinations be 

made? 

6. Since the current exposure limits 

were developed from 8-hour shift 

exposure measurements, how should 

the miner’s end-of-shift exposure be 

reported when the work shift is longer 

than 8 hours? 

7. Since the CPDM cannot be used to 

monitor for quartz, how should the 

applicable dust standard, including 

reduced standards established when the 

quartz content of the respirable dust 

exceeds 5 percent, be addressed when 

using a CPDM? 

8. Please address the use of CPDMs 

for sampling in outby areas, including 

specific areas, occupations, and 

frequency of sampling. 

9. Please address the use of 

engineering and administrative controls 

including how such controls should be 

applied to the CPDM’s real-time 

exposure readings. 

10. What action should be taken by 

the mine operator when a miner’s 

exposure during a working shift reaches 

the dust standard limit? 

11. Please address the use of CPDMs 

at surface mines, including sampling of 

areas, occupations and miners. 

B. Dust Control Plan Requirements 

Providing and maintaining a work 

environment free of excessive levels of 

respirable dust is essential for long-term 

health protection. Monitoring the work 

environment provides an indication of 

the effectiveness of existing dust 

controls; however, monitoring alone 

does not control concentrations of 

respirable dust in the mine atmosphere. 

Accordingly, consistent with MSHA’s 

regulatory strategy, engineering or 

environmental controls are the principal 

methods that have been relied on over 

the past 35 years to prevent or minimize 

miners’ exposures to both primary and 

secondary sources of respirable dust in 

the workplace. These controls are 

required in an operator’s approved mine 

ventilation plan to provide assurance 

that miners are not being exposed to 

excessive dust levels. Since the CPDM 

provides real-time information on 

concentration levels, MSHA is exploring 

alternatives to limiting miners’ 

exposures. MSHA is therefore 

requesting comments on the following 

dust control plan issues: 

1. Please address the advantages and 

disadvantages of using engineering 

controls to maintain the mine 

atmosphere in the area where miners 

work or travel. Please be specific in your 

response and include the technological 

and economic feasibility of such 

controls. In addition, please address the 

advantages and disadvantages of using 

administrative controls as part of an 

effective exposure control program. 

2. If CPDMs are used, please address 

the information that would need to be 

included in the dust control portion of 

the mine ventilation plan, including 

information related to addressing silica. 

C. Recordkeeping 

To promote miners’ awareness of the 

air quality in the work environment and 

the integrity of the sampling process, 

existing regulations require mine 

operators to send all collected samples 

to MSHA for processing within 24 hours 

after the end of the sampling shift. Once 

processed, the operator is provided with 

a respirable dust sample data report, 

which contains the results of every 

sample submitted. With few exceptions, 

the operator must post this report on the 

mine bulletin board for a period of 31 

days to provide miners access to current 

information on respirable dust 

conditions in the mine. The results of 

all samples taken by mine operators and 

MSHA inspectors are maintained by 

MSHA in a database and retained 

permanently. With exposure 

information available at the completion 

of the work shift when a CPDM is used, 

existing recordkeeping requirements 

and responsibilities would need to be 

addressed. MSHA requests comment on 

how recordkeeping requirements based 

on the use of CPDMs should be 

structured. Please be specific in your 

response. 

1. Who should be responsible for 

maintaining the CPDM data files and 

why? How long should exposure 

records be maintained? How should 

information be used? 

2. How should the data from operator 

monitoring using the CPDM be 

transmitted to MSHA? What data should 

be transmitted? How often should the 

data be transmitted (e.g., daily, weekly, 

or some other frequency)? What steps 

should be taken to ensure the integrity 

of the data transmitted to MSHA? 

3. Under current regulations, mine 

operators, with few exceptions, post the 

monitoring results on the mine bulletin 

board for a period of 31 days. How 

practicable would it be for operators to 

continue this practice if the monitoring 

is conducted with the CPDM, which 


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results in the collection of significantly 

more data than with the current MRE 

instrument? Would it be appropriate for 

operators to only provide miners with a 

portion of the data captured by the 

CPDM or to post the data for a period 

less than 31 days? Please be specific 

with your response, including your 

rationale. 

D. Education and Training 

It is vital that persons designated by 

the mine operator to perform dust 

sampling functions and miners be 

properly educated and trained to assure 

the integrity and credibility of the 

sampling process. To be effective, these 

persons must be fully cognizant of the 

nature of the health hazards in the 

working environment and possess a 

level of competence in the proper use, 

operation and maintenance of sampling 

equipment, and an awareness of the 

limitations of available protective 

measures. The required level of 

competence would be dictated by the 

complexity inherent in the operation of 

the particular CPDM and the degree to 

which oversight of sampling integrity is 

to be assumed by mine operators using 

the CPDMs. MSHA requests comments 

on suggested elements for a training 

program on using and maintaining a 

CPDM. Please be specific in your 

response, addressing the quality, 

quantity, and types of training, and the 

qualifications and certifications that 

should be required. 

1. What training should miners 

receive if required to wear a CPDM? 

What type of training would be 

necessary to assure that the miner 

understands how the device works, 

what information it provides, and how 

that information should be used to 

reduce miners’ exposure to respirable 

dust? How often should miners be 

required to receive this training? 

2. What qualifications should be 

required before an individual is 

permitted to operate and maintain a 

CPDM? How should an individual be 

required to demonstrate proficiency 

before being permitted to operate and 

maintain a CPDM? 

3. Which mine personnel should 

oversee CPDM usage, download 

exposure information, and interpret 

data? What type of qualifications/ 

certifications should these personnel be 

required to have? 

E. Benefits and Costs 

Because of the changing mining 

environment, more timely feedback on 

current respirable dust conditions in the 

workplace should significantly enhance 

miner health protection. Benefits would 

include the ability to immediately 

identify hazardous dust conditions that 

cause debilitating and potentially fatal 

coal workers’ pneumoconiosis or ‘‘black 

lung’’ disease, and to reduce or 

eliminate the risk of overexposure and 

the potential for illness and premature 

death, thereby avoiding the attendant 

costs to employers, miners and their 

families, and society. 

MSHA requests comment on the 

following questions concerning the 

benefits and costs of the CPDM: 

1. What would be the benefits of using 

CPDMs in a comprehensive and 

effective compliance strategy? Note that 

benefits might differ depending upon 

which compliance strategy is selected. 

2. What costs would be associated 

with using CPDMs? Please be specific as 

to every component, such as, initial 

outlay, maintenance, and training. 

3. What would be the advantages, 

disadvantages, and relative costs of 

different methods of using CPDMs? 

4. Would the use of CPDMs affect 

small mines differently than large 

mines, and if so, how? 

5. What incentives, if any, should 

MSHA consider to promote effective use 

of CPDMs in coal mines? 

6. What actions, if any, should MSHA 

take to encourage coal mining industry 

acceptance of the CPDM technology, 

stimulate economic market forces for 

more competitive pricing of CPDM 

devices, and promote innovation in 

respirable dust monitoring technology? 

Dated: October 7, 2009. 

Gregory R. Wagner, 

Deputy Assistant Secretary for Policy, Mine 

Safety and Health Administration. 

[FR Doc. E9–24665 Filed 10–13–09; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

[Docket No. FWS–R7–SM–2009–0052] 

[70101–1261–0000L6] 

RIN 1018–AW77 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart B; 

Special Actions 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Forest Service 

and U.S. Fish and Wildlife Service, are 

proposing to amend the regulations that 

manage take of wildlife and fish in 

Alaska for subsistence purposes to 

clarify them. In particular, we want to 

clarify the Federal Subsistence Board’s 

process of accepting and addressing 

special action requests, along with the 

role of the Regional Advisory Councils 

in the special action process. We would 

also update public notice requirements 

to bring them into line with the 

practices of the digital age and 

accommodate a new biennial regulatory 

cycle. 

DATES: Public meeting: The Federal 

Subsistence Board will hold a public 

meeting on January 12, 2010, to receive 

comments on this proposed rule. See 

SUPPLEMENTARY INFORMATION for specific 

information on the public meeting. 

Public comments: We must receive 

written comments on this proposed rule 

by January 12, 2010. 

ADDRESSES: Public meeting: The Federal 

Subsistence Board public meeting will 

be held at the Coast International Inn in 

Anchorage, Alaska. See SUPPLEMENTARY

INFORMATION for specific information on 

the public meeting. 

Public comments: You may submit 

comments by one of the following 

methods: 

• Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. In the Search 

Documents box, enter FWS–R7–SM– 

2009–0052, which is the docket number 

for this rulemaking. Then, in the Search 

panel on the left side of the screen, 

under the Document Type heading, 

click on the Proposed Rules link to 

locate this document. You may submit 

a comment by clicking on ‘‘Send a 

Comment or Submission.’’ 

• By hard copy: U.S. mail or handdelivery to: USFWS, Office of 

Subsistence Management, 1011 East 

Tudor Road, MS 121, Attn: Theo 

Matuskowitz, Anchorage, AK 99503– 

6199; or hand-delivery to the Designated 

Federal Official attending the Federal 

Subsistence Board public meeting in 

Anchorage. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Review Process section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: For 

questions specific to National Forest 

System lands, contact Calvin H. Casipit, 

Regional Subsistence Program Leader, 

USDA, Forest Service, Alaska Region; 

(907) 586–7918. For questions regarding 

Department of the Interior lands, contact 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS