[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Proposed Rules]
[Pages 2617-2618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-704]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 70, 71, 72, 75, and 90

RIN 1219-AB64


Lowering Miners' Exposure to Respirable Coal Mine Dust, Including 
Continuous Personal Dust Monitors

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; extension of comment period; request for 
comments.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is extending 
the comment period on the proposed rule addressing Lowering Miners' 
Exposure to Respirable Coal Mine Dust, Including Continuous Personal 
Dust Monitors. This extension gives commenters additional time to 
review and comment on the proposed rule. The proposal was published on 
October 19, 2010 (75 FR 64412), and is available on MSHA's Web site at 
http://www.msha.gov/REGS/FEDREG/PROPOSED/2010Prop/2010-25249.pdf.

DATES: All comments must be received or postmarked by May 2, 2011.

[[Page 2618]]


ADDRESSES: Comments must be identified with ``RIN 1219-AB64'' and may 
be sent by any of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    (2) Electronic mail: [email protected]. Include ``RIN 1219-
AB64'' in the subject line of the message.
    (3) Facsimile: 202-693-9441. Include ``RIN 1219-AB64'' 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. Sign in at the receptionist's desk on the 21st 
floor.
    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/subscriptions/subscribe.aspx.

FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Acting Director, 
Office of Standards, Regulations and Variances, MSHA, at 
[email protected] (E-mail), (202) 693-9440 (Voice), or (202) 693-
9441 (Fax).

SUPPLEMENTARY INFORMATION:

Extension of Comment Period

    On October 19, 2010 (75 FR 64412), MSHA published a proposed rule, 
Lowering Miners' Exposure to Respirable Coal Mine Dust, Including 
Continuous Personal Dust Monitors. In response to requests from 
interested parties, MSHA is extending the comment period from February 
28, 2011, to May 2, 2011. In support of their requests, commenters 
noted the comprehensive, extensive nature of the proposal. All comments 
and supporting documentation must be received or postmarked by May 2, 
2011.

Request for Comments

    MSHA solicits comments from the mining community on all aspects of 
the proposed rule.
    MSHA is interested in commenters' views on what actions should be 
taken by MSHA and the mine operator when a single shift respirable dust 
sample meets or exceeds the Excessive Concentration Value (ECV). In 
this situation, if operators use a CPDM, what alternative actions to 
those contained in the proposed rule would you suggest that MSHA and 
the operator take? MSHA is particularly interested in alternatives to 
those in the proposal and how such alternatives would be protective of 
miners.

Clarification

    A commenter at the first public hearing suggested that the 
timeframe for miners' review of the Continuous Personal Dust Monitor 
(CPDM) Performance Plan be expanded. For clarification, MSHA, in 
developing the proposed rule, relied on the timeframe and process in 
the existing requirements for mine ventilation plans. In the proposal, 
MSHA did not intend to change the existing timeframe and process and 
stated that the proposed rule is consistent with ventilation plan 
requirements and would allow miners' representatives the opportunity to 
meaningfully participate in the process.

    Dated: January 10, 2011.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2011-704 Filed 1-11-11; 11:15 am]
BILLING CODE 4510-43-P