Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850 Page: 69,617
The following text was automatically extracted from the image on this page using optical character recognition software:
Federal Register/Vol. 75, No. 219/Monday, November 15, 2010/Proposed Rules
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 70, 71, 72, 75, and 90
Lowering Miners' Exposure to
Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors
AGENCY: Mine Safety and Health
ACTION: Proposed rule; notice of public
SUMMARY: The Mine Safety and Health
Administration (MSHA) will hold six
public hearings on the proposed rule
addressing Lowering Miners' Exposure
to Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors.
The proposed rule was published on
October 19, 2010 (75 FR 64412) and is
available on MSHA's Web site at http://
www.msh a . gov/REGS/FEDREG/
This document also corrects a few errors
in the preamble of the proposed rule.
The proposed rule would lower
miners' exposure to respirable coal mine
dust by revising the Agency's existing
standards on miners' occupational
exposure to respirable coal mine dust.
The major provisions of the proposal
would lower the existing exposure
limits for respirable coal mine dust;
implement full-shift sampling to
address extended work shifts; redefine
the term "normal production shift;" and
provide for the use of a single full-shift
sample to determine compliance under
the mine operator and MSHA's
inspector sampling programs. The
proposed rule would also require the
use of the Continuous Personal Dust
Monitor (CPDM) for exposure
monitoring, and expand requirements
for medical surveillance.
The proposed rule would significantly
improve health protections for
underground and surface coal miners by
reducing their occupational exposure to
respirable coal mine dust and lowering
the risk that they will suffer material
impairment of health or functional
capacity over their working lives.
DATES: Hearings will be held on the
following dates: December 7, 2010,
December 9, 2010, January 11, 2011,
January 13, 2011, January 25, 2011 and
January 27, 2011. The locations are
listed in the SUPPLEMENTARY
INFORMATION section of this document.
Post-hearing comments must be
received by midnight Eastern Standard
Time on February 28, 2011.
ADDRESSES: Comments must be
identified with "RIN 1219-AB64" and
may be sent by any of the following
* Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
* Electronic mail: zzMSHA-
firstname.lastname@example.org. Include "RIN 1219-
AB64" in the subject line of the message.
* Facsimile: 202-693-9441. Include
"RIN 1219-AB64" in the subject line of
* Regular Mail: MSHA, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209-3939.
* 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
MSHA will post all comments on the
Internet without change, including any
personal information provided.
Comments can be accessed
electronically at http://www.msha.gov
under the "Rules & Regs" link.
Comments may also be reviewed in
person 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 the Agency publishes rulemaking
documents in the Federal Register. To
subscribe, go to http://www.msha.gov/
FOR FURTHER INFORMATION CONTACT:
Patricia W. Silvey, Director, Office of
Standards, Regulations, and Variances,
MSHA, at Silvey.Patricia@dol.gov
(E-mail), (202) 693-9440 (Voice), or
(202) 693-9441 (Fax).
I. Public Hearings
MSHA will hold six public hearings
on the proposed rule to provide the
public with an opportunity to present
oral statements, written comments, and
other information on this rulemaking.
The public hearings will begin at 9 a.m.
and end after the last presenter speaks,
and in any event not later than 5 p.m.,
on the following dates at the locations
Date Location Contact No.
December 7, 2010 ..... National Mine Health and Safety Academy, 1301 Airport Road, Beaver, WV 25813 ........................... 304-256-3201
December 9, 2010 ..... The George Washington Hotel, 60 South Main Street, Washington, PA 15301 ................................. 724-225-3200
January 11, 2011 ...... Marriott Evansville Airport, 7101 Highway 41, North Evansville, IN 47725 ............................. ............ 812-867-7999
January 13, 2011 ...... Sheraton Birmingham, 2101 Richard Arrington Jr. Blvd., North Birmingham, AL 35203 ...................... 205-324-5000
January 25, 2011 ...... Marriott Salt Lake City, 75 S West Temple, Salt Lake City, UT 84101 ................................ ............... 801-531-0800
January 27, 2011 ...... Mine Safety and Health Administration, 25th Floor Conference Room, 1100 Wilson Blvd., Arlington, 202-693-9440
The hearings will begin with an
opening statement from MSHA,
followed by an opportunity for members
of the public to make oral presentations.
You do not have to make a written
request to speak; however, persons and
organizations wishing to speak are
encouraged to notify MSHA in advance
for scheduling purposes.
Speakers and other attendees may
present information to MSHA for
inclusion in the rulemaking record. The
hearings will be conducted in an
informal manner. Formal rules of
evidence or cross examination will not
A verbatim transcript of the
proceedings will be prepared and made
a part of the rulemaking record. The
transcript will be available to the public
on MSHA's website at http://
www.msha.gov under the "Rules & Regs"
MSHA will accept post-hearing
written comments and other appropriate
information for the record from any
interested party, including those not
presenting oral statements. Comments
must be received by midnight Eastern
Standard Time on February 28, 2011.
MSHA solicits comments from the
mining community on all aspects of the
proposed rule and is particularly
interested in comments that address
alternatives to key provisions in the
proposal. For example, MSHA invites
comment on other situations where it
may be appropriate to require the use of
CPDMs, such as sampling of other
designated occupations on the
mechanized mining unit to account for
all mining techniques, potential
Here’s what’s next.
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
United States. Office of the Federal Register. Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850, periodical, November 15, 2010; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52800/m1/55/: accessed November 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.