[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Proposed Rules]
[Page 32005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13528]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 70, 72, 75, and 90

RIN 1219-AB14


Verification of Underground Coal Mine Operators' Dust Control 
Plans and Compliance Sampling for Respirable Dust

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Extension of comment periods.

-----------------------------------------------------------------------

SUMMARY: We are extending the period for public and post-hearing 
comment on the proposed rule addressing Verification of Underground 
Coal Mine Operators' Dust Control Plans and Compliance Sampling for 
Respirable Dust (Plan Verification), published in the Federal Register 
on March 6, 2003 and on March 17, 2003, respectively.

DATES: We must receive your comments by July 3, 2003.

ADDRESSES: You may use mail, facsimile (fax), or electronic mail to 
send us your comments. Clearly identify them as comments 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.

II. Extension of Comment Periods

    The comment periods for the Plan Verification rule were scheduled 
to close on June 4, 2003 (68 FR 10784, 68 FR 12641). However, in 
response to requests from the public for additional time to prepare 
their comments, the comment periods have been extended 30 days until 
July 3, 2003. All comments must be submitted to MSHA by this date.

    Dated: May 9, 2003.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 03-13528 Filed 5-28-03; 8:45 am]
BILLING CODE 4510-43-P