[Federal Register Volume 74, Number 109 (Tuesday, June 9, 2009)]
[Proposed Rules]
[Pages 27263-27265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13585]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 74

RIN 1219-AB61


Coal Mine Dust Personal Monitors

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; notice of public hearing; re-opening of comment 
period.

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SUMMARY: The Mine Safety and Health Administration (MSHA) and the 
National Institute for Occupational Safety and Health (NIOSH) will hold 
a public hearing on the proposed rule to revise existing requirements 
to approve sampling devices that monitor miner exposure to respirable 
coal mine dust. The proposal would establish criteria for the approval 
of a new type of technology, the ``continuous personal dust monitor'' 
(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'' (CMDPSU) to reflect improvements in this 
sampler over the past 15 years. This rulemaking is limited to approval 
requirements and does not address requirements concerning how sampling 
devices must be used to determine compliance, e.g., who, when, and how 
often to sample. Those requirements are addressed in existing 30 CFR 
parts 70, 71, and 90. MSHA is also clarifying its intent that the text 
in proposed Sec.  74.7(f)(2) be accordance with the specific test 
defined in IEC 61000-4-6.

DATES: All post-hearing comments must be received by midnight Eastern 
Daylight Saving Time (EDST) on August 14, 2009.
    MSHA and NIOSH will hold a public hearing on July 8, 2009. The 
SUPPLEMENTARY INFORMATION section of this notice includes details of 
the hearing.

ADDRESSES: Post-hearing comments must be identified with ``RIN 1219-
AB61'' and may be submitted to MSHA by any of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    (2) Electronic mail: <a href="/cdn-cgi/l/email-protection#394343746a7178147a5654545c574d4a795d5655175e564f"><span class="__cf_email__" data-cfemail="f38989bea0bbb2deb09c9e9e969d8780b3979c9fdd949c85">[email protected]</span></a>. Include ``RIN 1219-
AB61'' in the subject line of the message.
    (3) Facsimile: 202-693-9441. Include ``RIN 1219-AB61'' 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 22209-3939. Sign in at the receptionist's desk on 
the 21st floor.
    Post-hearing 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.
    Post-hearing 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.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, at 
<a href="/cdn-cgi/l/email-protection#a5d6ccc9d3c0dc8bd5c4d1d7ccc6ccc4e5c1cac98bc2cad3"><span class="__cf_email__" data-cfemail="b4c7ddd8c2d1cd9ac4d5c0c6ddd7ddd5f4d0dbd89ad3dbc2">[email protected]</span></a> (e-mail), 202-693-9440 (voice), or 202-693-9441 
(facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Existing 30 CFR part 74 specifies requirements by which MSHA and 
NIOSH jointly approve the design, construction, performance, and 
manufacturing quality of the CMDPSU. These regulatory requirements, 
which were issued in 1972, are design specific and do not permit the 
approval of any other sampling device of a different design. The CMDPSU 
is currently the only personal dust monitor design that is approved for 
collecting respirable dust samples in coal mines.
    MSHA and NIOSH recognize that the ability to directly measure in 
real time the amount of respirable coal mine dust to which a miner is 
exposed offers the best solution for protecting miners from disabling 
occupational lung disease. Therefore, on January 16, 2009, MSHA and 
NIOSH issued a proposed rule (74 FR 2915) that would revise 
requirements in 30 CFR part 74 for the approval of coal mine personal 
dust sampling devices. The proposed rule would establish performance-
based and other requirements for approval of the new personal 
monitoring device, the CPDM. The CPDM is capable of continuously 
monitoring and displaying dust concentration measurements during the 
shift and providing end of shift summary measurements. The performance-
based approach in the proposed rule would allow for continued 
innovation in CPDM designs to accommodate improvements or

[[Page 27264]]

alternative designs in technology that may be introduced in the future.

II. Comments Received on the Proposed Rule

a. Section 74.7(d)

    Proposed Sec.  74.7(d) (dust concentration range) would require 
that the CPDM provide accurate measurements of respirable coal mine 
dust concentrations for an end-of-shift average measurement within the 
range of 10% to two times the permissible exposure limit (PEL) for 
respirable coal mine dust.
    A commenter asked if the requirement would remain the same, i.e., 
10% to two times the reduced PEL, if a dust sample contains more than 
5% quartz? The commenter also asked if MSHA reduces the PEL for 
respirable dust or for quartz dust in the future, would this 
requirement remain the same, i.e., 10% to two times the new PEL?

 b. Section 74.7(f)

    Proposed Sec.  74.7(f)(2) (electromagnetic interference) would 
require that the CPDM meet standards for the control of and protection 
from electromagnetic interference established by the American National 
Standards Institute (ANSI), the Federal Communications Commission 
(FCC), and the International Electrotechnical Commission (IEC). To 
address immunity and susceptibility, the proposed standard would 
require that persons must proceed in accordance with IEC 61000-4 and -6 
(Electromagnetic compatibility--Part 4-6: Testing and measurement 
techniques--Immunity to conducted disturbances, induced by radio-
frequency fields).
    A commenter stated that as written the standard is confusing as to 
the depth of testing required. This commenter asked if the intent of 
the standard was to test against the entire section of 61000-4 through 
61000-6, or only sections 61000-4 and 61000-6, or the specific test 
defined in 61000-4-6?
    MSHA inadvertently cited the IEC reference in the proposed standard 
as IEC 61000-4 and 61000-6. The proposed standard should have been 
phrased as follows: ``persons must proceed in accordance with IEC 
61000-4-6 (Electromagnetic compatibility--Part 4-6: Testing and 
measurement techniques--Immunity to conducted disturbances, induced by 
radio-frequency fields).'' In response to the commenter's question, the 
Agency is clarifying its intent that the proposed test be in accordance 
with the specific test defined in IEC 61000-4-6.

c. Section 74.7(h)

    Proposed Sec.  74.7(h)(1) and (2) (reporting of monitoring results) 
would require--
    <bullet> Adequate legibility or audibility of monitoring results;
    <bullet> Computer (i.e., digital) recording of results in a form 
compatible with widely available computer technology; and
    <bullet> Reporting of results as cumulative mass concentration in 
units of mass per volume of air, i.e., milligrams per cubic meter (mg/
m\3\).

It would also require a digital display that is illuminated and 
provides a minimum character height of 6 millimeters.

    A commenter stated that, except for provisions for the size of 
characters and end of shift results, there is nothing in this proposed 
rule that provides for results for shorter time periods (from minutes 
to hours). This commenter stated that an instrument that provides only 
the end of shift results would not be acceptable. Additionally, 
whatever number the instrument displays should not be truncated and, 
instead, should be rounded as is the customary practice in most other 
applications. This commenter suggested that the information displayed 
on the CPDM be the same as described in NIOSH Publication RI 9669.

d. Section 74.7(i)

    Proposed Sec.  74.7(i) (power requirements) would require that the 
power source for the CPDM have sufficient capacity to enable continuous 
sampling for 12 hours in a coal mine dust atmosphere of two times the 
PEL. It also would require that a CPDM powered by a rechargeable 
battery be recharged using the standard power supplies in mines (110 
VAC).
    A commenter supported the proposed requirement that the CPDM be 
powered continuously for 12 hours since miners work shifts longer than 
8 hours. However, this commenter also suggested that CPDMs be capable 
of operating for a minimum of 16 hours to accommodate full work shifts, 
up to 16 hours. This commenter further suggested that, if this is not 
feasible, it should be required in two years.

e. Section 74.7(m)

    Proposed Sec.  74.7(m) (tampering safeguards or indicators) would 
specify performance requirements that would help assure that CPDMs are 
designed to prevent intentional tampering and limit inadvertent 
altering of monitoring results. It would require that the CPDM have a 
safeguard or indicator that either prevents altering the measuring or 
reporting function of the device or indicates if these functions have 
been altered.
    A commenter supported the proposed requirement; however, the 
commenter doubted that such safeguards could prevent tampering 
altogether. This commenter suggested that MSHA have other methods to 
prevent and detect tampering and to prosecute those who perpetuate such 
fraud.

f. Section 74.10(a)

    Proposed Sec.  74.10(a) (operating instructions and maintenance and 
service life plan) is new and would require the manufacturer to include 
operating instructions and a maintenance and service life plan with 
each new CPDM sold. Under the proposal, operating instructions would 
have to be clearly written.
    A commenter suggested that the proposal provide more specific and 
objective criteria, and that operating instructions be written so that 
anybody in the industry can, after reading them, operate the CPDM.

III. Public Hearing

    MSHA and NIOSH will hold a public hearing on the proposed rule. The 
public hearing will begin at 9 a.m. EDST. The hearing will be held on 
July 8, 2009, at the Mine Safety and Health Administration, 1100 Wilson 
Boulevard, 25th Floor Conference Room, Arlington, Virginia.
    The hearing will begin with opening statements from MSHA and NIOSH, 
followed by an opportunity for members of the public to make oral 
presentations to the hearing panel. Persons and organizations are 
encouraged to submit requests to speak at the hearing at least 5 days 
prior to the hearing date. Requests to speak may be made by telephone, 
facsimile, or mail.
    Any unallocated time at the end of the hearing will be made 
available to persons making same-day requests to speak. Same-day 
requestors will speak in the order that they sign in at the hearing. 
Speakers and other attendees may also present information to the MSHA 
panel for inclusion in the rulemaking record.
    The hearing will be conducted in an informal manner. Formal rules 
of evidence and cross-examination will not apply. The hearing panel may 
ask questions of the speakers. Speakers may ask questions of the 
hearing panel. MSHA will make a transcript of the hearing, post it on 
the Internet at http://www.msha.gov, and include it in the rulemaking 
record.

[[Page 27265]]

    MSHA will accept written post-hearing comments and data for the 
record from any interested party, including those not presenting oral 
statements, until midnight EDST on August 14, 2009.

    Dated: June 3, 2009.
Michael A. Davis,
Deputy Assistant Secretary for Operations, Mine Safety and Health.
[FR Doc. E9-13585 Filed 6-8-09; 8:45 am]
BILLING CODE 4510-43-P


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