Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Proposed Rules 27263 

support, and job search and relocation 

allowances) for workers adversely 

affected by international trade. The 

Trade Adjustment Assistance Reform 

Act of 2002 (the Reform Act), Public 

Law 107–210, reauthorized the TAA 

program, making significant 

amendments, including the addition of 

a health care tax credit (helping workers 

pay for qualifying health insurance) and 

ATAA, providing a wage supplement 

option for older workers. 

The Department proceeded to 

implement the Reform Act through 

three separate rulemakings. On August 

25, 2006, the Department published an 

NPRM covering TAA program benefits 

and administration (TAA NPRM) (71 FR 

50760). On October 18, 2006, the 

Department published an NPRM 

covering the new ATAA program 

(ATAA NPRM) (71 FR 61618). A 

planned third rulemaking covering 

petitions for certification of eligibility to 

apply for program benefits was not 

published (RIN 1205–AB44). 

Subsequently, Congress passed the 

Continuing Appropriations Resolution, 

2007 (Pub. L. 110–5) and the 

Consolidated Appropriations Act, 2008 

(Pub. L. 110–161), that prohibited the 

Department from finalizing or 

implementing these proposed 

regulations. 

On February 17, 2009, President 

Obama signed the Recovery Act, Public 

Law 111–5, which includes the Trade 

and Globalization Adjustment 

Assistance Act of 2009 (TGAAA). The 

TGAAA reauthorized and substantially 

amended the TAA program, broadening 

program coverage, expanding benefits, 

providing employment and case 

management services, and replacing the 

ATAA program with the Retraining 

Adjustment Assistance program. 

Because the substantial amendments 

made by the TGAAA rendered the two 

2006 NPRMs obsolete, they are 

withdrawn. The Department intends to 

implement the TGAAA through 

rulemakings, and interested parties will 

be invited to submit comments on those 

proposed rules when they publish. 

Signed: at Washington, DC this 29th day of 

May 2009. 

Douglas F. Small, 

Deputy Assistant Secretary, Employment and 

Training Administration, Labor. 

[FR Doc. E9–13352 Filed 6–8–09; 8:45 am] 

BILLING CODE 4510–FN–P 

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. 

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 § 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: zzMSHAComments@dol.gov. 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 

silvey.patricia@dol.gov (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 

27264 Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Proposed Rules 

alternative designs in technology that 

may be introduced in the future. 

II. Comments Received on the Proposed 

Rule 

a. Section 74.7(d) 

Proposed § 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 § 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 radiofrequency 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 § 74.7(h)(1) and (2) 

(reporting of monitoring results) would 

require— 

• Adequate legibility or audibility of 

monitoring results; 

• Computer (i.e., digital) recording of 

results in a form compatible with 

widely available computer technology; 

and 

• Reporting of results as cumulative 

mass concentration in units of mass per 

volume of air, i.e., milligrams per cubic 

meter (mg/m3). 

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 § 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 § 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 § 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. 

Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Proposed Rules 27265 

MSHA will accept written posthearing 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2002–0051; FRL–8915–1] 

RIN 2060–AO15 

National Emission Standards for 

Hazardous Air Pollutants From the 

Portland Cement Manufacturing 

Industry 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public hearings and 

extension of public comment period. 

SUMMARY: On May 6, 2009, EPA 

proposed amendments to the National 

Emission Standards for Hazardous Air 

Pollutants from the Portland Cement 

Manufacturing Industry (74 FR 21136). 

EPA has received a request from a major 

environmental group to schedule 

additional public hearings and to 

schedule those hearings later than the 

original public hearing date. Given the 

significant public interest in this rule 

and to further public participation 

opportunities, EPA is granting the 

request and has scheduled three public 

hearings. These hearings will occur in 

Los Angeles, California on June 16, 

2009, Dallas, Texas on June 17, 2009, 

and Arlington, Virginia on June 18, 

2009. More information on the locations 

is shown in SUPPLEMENTARY

INFORMATION. 

In addition, EPA is extending the 

deadline for written comments on the 

proposed amendments to September 4, 

2009. EPA received a request for this 

extension to the comment period from 

the Portland Cement Association and 

several cement manufacturing 

companies. The reason given for the 

request for the extension was the need 

for additional time to gather data and 

review the proposed amendments. 

Given the fact that the proposed 

amendments would make significant 

changes to the current rule, and the 

request by the cement industry to gather 

additional data, EPA finds this request 

to be reasonable. 

DATES: Comments. Comments must be 

received on or before September 4, 

2009. 

Public Hearings. These hearings will 

occur in Los Angeles, California on June 

16, 2009, Dallas, Texas on June 17, 

2009, and Arlington, Virginia on June 

18, 2009. Persons who wish to present 

oral testimony at the public hearings 

must register two business days prior to 

the hearings. The last day to register 

will be June 12, 2009 for the Los 

Angeles hearing, June 15, 2009, for the 

Dallas hearing, and June 16, 2009, for 

the Arlington hearing. The registration 

cut-off time is 5 p.m. EDT on the final 

day of registration. See SUPPLEMENTARY

INFORMATION for information on how to 

register. Note that the preregistration 

requirement only applies if you wish to 

present testimony. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2002–0051, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: U.S. Postal Service, send 

comments to: EPA Docket Center 

(6102T), National Emission Standards 

for Hazardous Air Pollutants from the 

Portland Cement Manufacturing 

Industry Docket, Docket ID No. EPA– 

HQ–OAR–2002–0051, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. Please include a total of two 

copies. 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center (6102T), National 

Emission Standards for Hazardous Air 

Pollutants from the Portland Cement 

Manufacturing Industry Docket, Docket 

ID No. EPA–HQ–OAR–2002–0051, EPA 

West, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. Please include a total of 

two copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2002– 

0051. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Docket Center is (202) 

566–1742. 

FOR FURTHER INFORMATION CONTACT: If 

you would like to speak at the public 

hearing or have questions concerning 

the public hearing, please contact Ms. 

Pamela Garrett at the address given 

below under SUPPLEMENTARY

INFORMATION. Questions concerning the 

proposed rule should be addressed to 

Mr. Keith Barnett, Office of Air Quality 

Planning and Standards, Sector Policies 

and Programs Division, Metals and 

Minerals Group (D243–02), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number: (919) 541–5605; fax 

number: (919) 541–5450; e-mail address: 

barnett.keith@epa.gov.