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Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance Sampling for Respirable Dust; Determination of Concentration of Respirable Coal Mine Dust [03/17/2003]
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Volume 68, Number 51, Page 12641-12643
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 70, 72, 75, and 90
RIN 1219-AB14; 1219-AB18
Verification of Underground Coal Mine Operators' Dust Control
Plans and Compliance Sampling for Respirable Dust; Determination of
Concentration of Respirable Coal Mine Dust
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rules; notice of public hearings; close of record.
SUMMARY: MSHA will hold public hearings to receive comments on the
proposed rule addressing Verification of Underground Coal Mine
Operators' Dust Control Plans and Compliance Sampling for Respirable
Dust (Plan Verification), and the notice of reopening addressing
Determination of Concentration of Respriable Coal Mine Dust (Single
Sample), both published in the Federal Register on March 6, 2003.
These hearings will be held pursuant to section 101 (30 U.S.C. 811)
of the Federal Mine Safety and Health Act of 1977 (Mine Act).
DATES: Post-hearing comments must be received on or before June 4,
2003.
The public hearing dates and locations are listed in the Public
Hearings section below under SUPPLEMENTARY INFORMATION.
[[Page 12642]]
If individuals or organizations wish to make an oral presentation
for the record, please submit your request at least 5 days prior to the
hearing date.
ADDRESSES: You may use mail, facsimile (fax), or electronic mail to
send us your requests to make oral presentations at the public
hearings. Clearly identify your requests and send them (1) By mail to
MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson
Blvd., Room 2313, Arlington, Virginia 22209-3939; (2) By fax to (202)
693-9441; or (3) By electronic mail to: comments@msha.gov.
FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Jr., Director,
Office of Standards, Regulations and Variances, MSHA; phone: (202) 693-
9440; facsimile: (202) 693-9441; E-mail: nichols-marvin@msha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 6, 2003, (68 FR 10784), MSHA published a proposed rule in
the Federal Register that would require mine operators to verify
through sampling the effectiveness of the dust control parameters for
each mechanized mining unit (MMU) specified in the approved mine
ventilation plan. For samples to be valid, the operator would be
required to sample on a production shift during which the amount of
material produced by an MMU is at or above the verification production
level using only the dust control parameters listed in the ventilation
plan.
The use of approved powered, air-purifying respirators (PAPRs) and/
or verifiable administrative controls would be allowed as a
supplemental means of compliance when MSHA determines that all feasible
engineering or environmental controls are being used. The proposed rule
would also rescind operator compliance sampling in underground coal
mines. The use of a personal, continuous dust monitor (PCDM), once
developed and approved, could be used by an operator in conjunction
with the dust control parameters specified in the mine ventilation
plan. The proposed rule would significantly improve miners' health
protection by limiting the exposure of individual miners to respirable
coal mine dust.
Also, on March 6, 2003 (68 FR 10940), the Secretaries of Labor and
Health and Human Services published a notice, ``Determination of
Concentration of Respirable Coal Mine Dust (Single Sample),'' reopening
the rulemaking record on a July 7, 2000 joint proposed rule that would
determine that the average concentration of respirable dust to which
each miner in the active workings of a coal mine is exposed can be
accurately measured over a single shift. In that proposed rule the
Secretaries proposed to rescind a previous 1972 finding by the
Secretary of the Interior and the Secretary of Health, Education and
Welfare, on the accuracy of single shift sampling (63 FR 42068).
The Agency will hold public hearings to receive further comment on
the Plan Verification proposed rule and the Single Sample proposed
rule.
II. Public Hearings
The public hearings will begin at 8 a.m. each day and end after the
last scheduled speaker.
The public hearings will be held on the following dates and at the
following locations:
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Date Location Phone
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May 6, 2003..................... Holiday Inn at the (724) 222-6200
Meadows.
340 Racetrack Road.
Washington, PA
15301.
May 8, 2003..................... Country Inn & (304) 925-4300
Suites by Carlson.
105 Alex Lane......
Charleston, WV
25304.
May 13, 2003.................... Holiday Inn........ (812) 424-6400
4101 U.S. Highway
41 North.
Evansville, IN
47711.
May 15, 2003.................... Sheraton Suites (859) 268-0060
Lexington.
2601 Richmond Road.
Lexington, KY 40509
May 20, 2003.................... Holiday Inn (205) 591-6900
Birmingham Airport.
5000 Richard
Arrington Blvd..
Birmingham, AL
35212.
May 22, 2003.................... Holiday Inn Grand (970) 243-6790
Junction.
755 Horizon Drive..
Grand Junction, CO
81506.
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III. Conduct of Public Hearings
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.
Speakers will speak in the order that they sign in. Any unalloted time
will be made available for persons making same-day requests. At the
discretion of the presiding official, the time allocated to speakers
for their presentation may be limited. Speakers and other attendees may
also present information to the MSHA panel for inclusion in the
rulemaking record.
The hearings will be conducted in an informal manner. The hearing
panel may ask questions of speakers. Although formal rules of evidence
or cross-examination will not apply, the presiding official may
exercise discretion to ensure the orderly progress of the hearing and
may exclude irrelevant or unduly repetitious material and questions.
A verbatim transcript of the proceedings will be prepared and made
a part of the rulemaking record. The transcripts will be made available
for public review and can be accessed from MSHA's hompage at http://
www.msha.gov
, Statutory and Regulatory Information, Comments and
www.msha.gov, Statutory and Regulatory Information, Comments and
Hearing Transcripts.
We will accept additional written comments and other appropriate
data for the record from any interested party, including those not
presenting oral statements. Written comments and data submitted to us
will be included in the rulemaking record.
IV. Close of Rulemaking Record
To allow for the submission of post-hearing comments, the
rulemaking record will remain open until June 4, 2003.
[[Page 12643]]
Dated: March 11, 2003.
John R. Caylor,
Deputy Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 03-6220 Filed 3-14-03; 8:45 am]
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