Retrospective Study of Respirable Coal Mine Dust Rule
| Published date | 03 July 2019 |
| Citation | 84 FR 31809 |
| Record Number | 2019-14271 |
| Section | Proposed rules |
| Court | Mine Safety And Health Administration |
Federal Register, Volume 84 Issue 128 (Wednesday, July 3, 2019)
[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Proposed Rules]
[Page 31809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14271]
[[Page 31809]]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 70, 71, 72, 75, and 90
[Docket No. MSHA-2018-0014]
RIN 1219-AB90
Retrospective Study of Respirable Coal Mine Dust Rule
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for Information; extension of comment period.
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SUMMARY: The Mine Safety and Health Administration (MSHA) is extending
the comment period on the Request for Information on a Retrospective
Study of Respirable Coal Mine Dust Rule. The comment period is extended
until July 9, 2022. Pursuant to MSHA's ongoing study, this extension
gives stakeholders additional time to provide input on developing the
framework to assess the impact of the final rule, Lowering Miners'
Exposure to Respirable Coal Mine Dust, Including Continuous Personal
Dust Monitors and to provide MSHA information and data on engineering
controls and best practices that lower miners' exposure to respirable
coal mine dust.
DATES: The comment period for the request for information, published on
July 9, 2018 (83 FR 31710), which was scheduled to close on July 9,
2019, is extended until July 9, 2022. Comments must be received or
postmarked by midnight Eastern Daylight Savings time on July 9, 2022.
ADDRESSES: Submit comments and informational materials, identified by
RIN 1219-AB90 or Docket No. MSHA-2018-0014, by one of the following
methods:
Federal E-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include RIN 1219-AB90 or
Docket No. MSHA-2018-0014 in the subject line of the message.
Mail: MSHA, Office of Standards, Regulations, and
Variances, 201 12th Street S, Suite 4E401, Arlington, Virginia 22202-
5452.
Fax: 202-693-9441.
Hand Delivery or Courier: MSHA, 201 12th Street S, Suite
4E401, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday
through Friday, except Federal holidays. Sign in at the receptionist's
desk on the 4th floor.
Instructions: All submissions must include RIN 1219-AB90 or Docket
No. MSHA-2018-0014. Do not include personal information that you do not
want publicly disclosed; MSHA will post all comments without change to
http://www.regulations.gov and http://www.msha.gov/currentcomments.asp,
including any personal information provided.
Docket: For access to the docket to read comments received, go to
http://www.regulations.gov or http://www.msha.gov/currentcomments.asp.
To read background documents, go to http://www.regulations.gov. Review
the docket in person at MSHA, Office of Standards, Regulations, and
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia
22202-5452, between 9:00 a.m. and 5:00 p.m. Monday through Friday,
except Federal Holidays. Sign in at the receptionist's desk on the 4th
floor.
Email Notification: To subscribe to receive an email notification
when MSHA publishes rules in the Federal Register, and program
information, instructions, and policy, go to http://www.msha.gov/subscriptions/subscribe.aspx.
FOR FURTHER INFORMATION CONTACT: Sheila A. McConnell, Director, Office
of Standards, Regulations, and Variances, MSHA, at
[email protected] (email); 202-693-9440 (voice); or 202-693-
9441 (fax).
SUPPLEMENTARY INFORMATION: On May 1, 2014, MSHA published a final rule,
``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors'' (79 FR 24814) (Dust rule). The
purpose of the Dust rule is to reduce occupational lung diseases in
coal miners. As MSHA noted in the preamble to the Dust rule, the health
effects from occupational exposure to respirable coal mine dust consist
of interstitial and obstructive pulmonary diseases (79 FR 24819) that
can lead to permanent disability and death.
Interstitial lung diseases, like coal workers' pneumoconiosis (CWP)
and silicosis, may have a significant latency period between exposure
and disease. The health effects from exposure to respirable coal mine
dust may not be realized for 10 or more years until the disease becomes
clinically apparent. In addition, the chronic effects of interstitial
lung diseases, such as CWP and silicosis, may progress or worsen even
after miners are no longer exposed to respirable coal mine dust. Thus,
miners' exposure to respirable coal mine dust before final
implementation of the Dust rule on August 1, 2016, may continue to
contribute to the development of lung diseases in coal miners. New
miners hired after August 1, 2016, are the only cohort of coal miners
who are unaffected by exposures that occurred before full
implementation of the Dust rule.
In the preamble to the Dust rule, MSHA stated its intent to take
the lead in conducting a retrospective study beginning February 1, 2017
(79 FR 24867), with an unspecified completion date. Since the Dust
rule, went into effect, MSHA has studied more than 250,000 respirable
dust samples taken by mine operators who use the CPDM and by MSHA
inspectors who use the gravimetric sampler. MSHA's analysis shows that
more than 99 percent of the samples were in compliance with MSHA's
respirable coal mine dust standards. The sample data allows MSHA to
evaluate the effectiveness of dust controls in mines and whether the
rule results in reduced levels of respirable coal dust. This data is
available on MSHA's website and is updated on a periodic basis.
MSHA continues to evaluate respirable dust controls and best
practices for compliance with the rule's requirements. MSHA also meets
with mine operators and miners to provide mine-specific compliance and
technical assistance and continues to consult with the Department of
Health and Human Services' National Institute for Occupational Safety
and Health (NIOSH).
On July 9, 2018 (83 FR 31710), MSHA published a ``Request for
Information on a Retrospective Study of Respirable Coal Mine Dust
Rule'' (RFI). The comment period is scheduled to close on July 9, 2019.
The Agency has determined that extending the comment period until July
9, 2022, will give interested parties more time to provide ongoing
input on developing the framework for a study to assess the impact of
the Dust rule. Furthermore, due to the significant latency period
between exposure to respirable coal mine dust and when occupational
lung disease becomes clinically apparent, MSHA anticipates a long-term,
ongoing need for comments on this issue so that it always has the most
current information.
The Agency will continue to make comments received public,
including comments on engineering controls and best practices that
lower miners' exposure to respirable coal mine dust by publishing the
comments as they are received on the Agency's website and at
www.regulations.gov.
David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2019-14271 Filed 6-28-19; 4:15 pm]
BILLING CODE 4510-43-P
