[Federal Register Volume 68, Number 51 (Monday, March 17, 2003)]
[Proposed Rules]
[Pages 12641-12643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6220]


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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: [email protected].

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: [email protected].

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:

------------------------------------------------------------------------
              Date                      Location             Phone
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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 
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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