83 FR 31710 - Retrospective Study of Respirable Coal Mine Dust Rule

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 131 (July 9, 2018)

Page Range		31710-31711
FR Document		2018-14536

On May 1, 2014, the Mine Safety and Health Administration (MSHA) published a final rule, ``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors'' (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. In this Request for Information (RFI), MSHA is soliciting stakeholder comments, data, and information to assist the Agency in developing the framework for this study to assess the impact of the Dust rule on lowering coal miners' exposures to respirable coal mine dust to improve miners' health. In addition, as part of the Agency's ongoing effort to provide compliance and technical assistance to mine operators and miners, MSHA is soliciting information and data on engineering controls and best practices that lower miners' exposure to respirable coal mine dust.

Federal Register, Volume 83 Issue 131 (Monday, July 9, 2018)

[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Proposed Rules]
[Pages 31710-31711]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-14536]

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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; close of comment period.

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SUMMARY: On May 1, 2014, the Mine Safety and Health Administration
(MSHA) published a final rule, ``Lowering Miners' Exposure to
Respirable Coal Mine Dust, Including Continuous Personal Dust
Monitors'' (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. In this Request for Information (RFI), MSHA
is soliciting stakeholder comments, data, and information to assist the
Agency in developing the framework for this study to assess the impact
of the Dust rule on lowering coal miners' exposures to respirable coal
mine dust to improve miners' health. In addition, as part of the
Agency's ongoing effort to provide compliance and technical assistance
to mine operators and miners, MSHA is soliciting information and data
on engineering controls and best practices that lower miners' exposure
to respirable coal mine dust.

DATES: Comments must be received or postmarked by midnight Eastern
Standard Time (EST) on July 9, 2019.

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: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Email: zzMSHA-OSRVRegulatoryReform@dol.gov.
Mail: MSHA, Office of Standards, Regulations, and
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia
22202-5452.
Hand Delivery or Courier: 201 12th Street South, 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 East, Suite 4E401.
Fax: 202-693-9441.
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.
Email Notification: To subscribe to receive email notification when
MSHA publishes rulemaking documents in the Federal Register, go to
https://www.msha.gov/subscriptions.

FOR FURTHER INFORMATION CONTACT: Sheila A. McConnell, Director, Office
of Standards, Regulations, and Variances, MSHA, at
mcconnell.sheila.a@dol.gov (email), 202-693-9440 (voice), or 202-693-
9441 (fax). These are not toll-free numbers.

SUPPLEMENTARY INFORMATION:

Availability of Information

MSHA will post all comments without change, including any personal
information provided. Access comments and information electronically at
https://www.regulations.gov, or https://www.msha.gov/currentcomments.asp. Review comments in person at MSHA, Office of
Standards, Regulations, and Variances, 201 12th Street South,
Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. EST Monday through
Friday, except Federal holidays. Sign in at the receptionist's desk on
the 4th floor East, Suite 4E401. To read background documents on the
final rule, ``Lowering Miners' Exposure to Respirable Coal Mine Dust,
Including Continuous Personal Dust Monitors'' (79 FR 24814), go to
https://www.regulations.gov, and search under RIN 1219-AB64 or Docket
No. MSHA-2010-0007.

I. Background

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). The purpose of the rule is to reduce
occupational lung diseases in coal miners. Chronic exposures to
respirable coal mine dust cause lung diseases that can lead to
permanent disability and death. The Dust rule improves health
protection for coal miners by reducing their occupational exposure to
respirable coal mine dust and by lowering the risk that they will
suffer material impairment of health or functional capacity over their
working lives. Several provisions specifically lower coal miners'
exposure to respirable coal mine dust by lowering exposure limits;
basing noncompliance determinations on MSHA's inspectors' single-shift
samples; and changing the definition of normal production shift. Other
provisions reduce respirable coal mine dust levels and further protect
miners by requiring full-shift sampling to account for occupational
exposures greater than eight hours per shift and requiring more
frequent sampling of selected occupations and locations using the
Continuous Personal Dust Monitor (CPDM). All of the phased Dust rule
requirements were effective as of August 1, 2016.

II. Study To Assess Effects of Dust Rule

As MSHA noted in the preamble to the Dust rule, the health effects
from occupational exposure to respirable coal

[[Page 31711]]

mine dust consist of interstitial and obstructive pulmonary diseases
(79 FR 24819). Interstitial lung diseases, like coal workers'
pneumoconiosis (CWP) and silicosis, have a significant latency period
between exposure and disease. The health effects from exposure to
respirable coal mine dust may not be realized for a decade or more
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 analyzed 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 the MSHA respirable
coal mine dust standards.
The sample data allow MSHA to evaluate the effectiveness of dust
controls in mines and whether the rule results in reduced levels of
respirable coal dust. However, due to the latency between exposure and
disease, MSHA likely will not be able to evaluate fully the health
effects of the rule for a decade or more.
While the Agency continues to evaluate the respirable dust samples,
MSHA also is seeking comments, data, and information from stakeholders
to assist the Agency in developing a framework to assess the health
effects of the Dust rule and its impact on the health protections
provided to coal miners going forward. With respect to suggested
elements for a framework, commenters should be specific and include
detailed rationales and supporting documentation, if any. Throughout
the comment period, MSHA will continue to consult with interested
parties and the Department of Health and Human Services' National
Institute for Occupational Safety and Health (NIOSH), as it collects
and evaluates all available information, comments in response to this
RFI, respirable coal mine dust sampling data, and compliance rates for
controlling exposure to coal mine dust.

III. Engineering Controls and Best Practices

As mentioned, since the Dust rule's publication and implementation,
MSHA has continually evaluated respirable dust controls and best
practices for compliance with the rule's requirements. The Agency has
met with mine operators and miners to provide mine-specific compliance
and technical assistance. MSHA also held a MSHA/NIOSH-sponsored meeting
on engineering controls and best practices on December 6, 2016.
Technical assistance materials and other materials from the meeting are
available on MSHA's website at https://www.msha.gov.
MSHA intends to continue its consultations and will continue to
offer technical assistance on best practices for controlling coal mine
dust and quartz exposures. MSHA is interested in the engineering
controls and best practices that mine operators find most effective to
achieve and maintain the required respirable coal mine dust and quartz
levels--particularly those practices that can be replicated throughout
coal mines nationwide to achieve similar results.

IV. Data Request

The purpose of this RFI is to solicit comments, data, and
information from industry, labor, NIOSH, and other stakeholders to
assist MSHA in developing the framework for a study to assess the
health effects of the Dust rule. Commenters should be specific about
any recommendations they offer, including detailed rationales and
supporting documentation.

V. National Academy of Sciences Study

MSHA notes that in the Explanatory Statement to the 2016
Consolidated Appropriations Act (Pub. L. 114-113), Congress directed
NIOSH to charter a National Academy of Sciences (NAS) study to examine
and describe: Current monitoring and sampling protocols and
requirements to understand miners' occupational exposure to respirable
coal mine dust in the United States and other industrialized countries;
coal mine dust composition and application procedures, including the
impact of new rock dust mixtures and regulatory requirements;
monitoring and sampling technologies, along with sampling protocols and
frequency; and the efficacy of those technologies and protocols in
aiding decisions regarding the control of respirable coal mine dust and
mine worker exposure. Congress directed MSHA to provide assistance and
necessary data to NAS for its study, which the Agency has done and
continues to do when requested. MSHA will evaluate the results of the
NAS study after the report is final.

David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2018-14536 Filed 7-6-18; 8:45 am]
BILLING CODE 4520-43-P

Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Proposed Rules 31711

mine dust consist of interstitial and response to this RFI, respirable coal and mine worker exposure. Congress
obstructive pulmonary diseases (79 FR mine dust sampling data, and directed MSHA to provide assistance
24819). Interstitial lung diseases, like compliance rates for controlling and necessary data to NAS for its study,
coal workers’ pneumoconiosis (CWP) exposure to coal mine dust. which the Agency has done and
and silicosis, have a significant latency continues to do when requested. MSHA
III. Engineering Controls and Best
period between exposure and disease. will evaluate the results of the NAS
Practices
The health effects from exposure to study after the report is final.
respirable coal mine dust may not be As mentioned, since the Dust rule’s
publication and implementation, MSHA David G. Zatezalo,
realized for a decade or more until the
disease becomes clinically apparent. In has continually evaluated respirable Assistant Secretary of Labor for Mine Safety
dust controls and best practices for and Health.
addition, the chronic effects of
interstitial lung diseases, such as CWP compliance with the rule’s [FR Doc. 2018–14536 Filed 7–6–18; 8:45 am]
and silicosis, may progress or worsen requirements. The Agency has met with BILLING CODE 4520–43–P
even after miners are no longer exposed mine operators and miners to provide
to respirable coal mine dust. Thus, mine-specific compliance and technical
miners’ exposure to respirable coal mine assistance. MSHA also held a MSHA/ DEPARTMENT OF VETERANS
dust before final implementation of the NIOSH-sponsored meeting on AFFAIRS
Dust rule on August 1, 2016, may engineering controls and best practices
continue to contribute to the on December 6, 2016. Technical 38 CFR Part 17
development of lung diseases in coal assistance materials and other materials
miners. New miners hired after August from the meeting are available on Exclusion of Gender Alterations From
1, 2016, are the only cohort of coal MSHA’s website at https:// the Medical Benefits Package
miners who are unaffected by exposures www.msha.gov. AGENCY: Department of Veterans Affairs.
that occurred before full MSHA intends to continue its
ACTION: Petition for Rulemaking and
implementation of the Dust rule. consultations and will continue to offer
request for comments.
In the preamble to the Dust rule, technical assistance on best practices for
MSHA stated its intent to take the lead controlling coal mine dust and quartz SUMMARY: On May 9, 2016, the
in conducting a retrospective study exposures. MSHA is interested in the Department of Veterans Affairs (VA)
beginning February 1, 2017 (79 FR engineering controls and best practices received a Petition for Rulemaking
24867), with an unspecified completion that mine operators find most effective petitioning VA to amend its medical
date. Since the Dust rule went into to achieve and maintain the required regulations by removing a provision that
effect, MSHA has analyzed more than respirable coal mine dust and quartz excludes ‘‘gender alterations’’ from its
250,000 respirable dust samples taken levels—particularly those practices that medical benefits package. The effect of
by mine operators who use the CPDM can be replicated throughout coal mines the amendment sought by the
and by MSHA inspectors who use the nationwide to achieve similar results. petitioners would be to authorize gender
gravimetric sampler. MSHA’s analysis alteration surgery as part of VA care
IV. Data Request
shows that more than 99 percent of the when medically necessary. VA seeks
samples were in compliance with the The purpose of this RFI is to solicit comments on the petition to assist in
MSHA respirable coal mine dust comments, data, and information from determining whether to amend the
standards. industry, labor, NIOSH, and other medical benefits package and eliminate
The sample data allow MSHA to stakeholders to assist MSHA in the exclusion of gender alteration from
evaluate the effectiveness of dust developing the framework for a study to VA’s medical benefits package.
controls in mines and whether the rule assess the health effects of the Dust rule.
DATES: Comments must be received/
results in reduced levels of respirable Commenters should be specific about
submitted on or before September 7,
coal dust. However, due to the latency any recommendations they offer,
2018.
between exposure and disease, MSHA including detailed rationales and
likely will not be able to evaluate fully supporting documentation. ADDRESSES: Written comments may be
the health effects of the rule for a decade submitted through http://
V. National Academy of Sciences Study www.regulations.gov; or by mail or hand
or more.
While the Agency continues to MSHA notes that in the Explanatory delivery to Director, Office of Regulation
evaluate the respirable dust samples, Statement to the 2016 Consolidated Policy and Management (00REG),
MSHA also is seeking comments, data, Appropriations Act (Pub. L. 114–113), Department of Veterans Affairs, 810
and information from stakeholders to Congress directed NIOSH to charter a Vermont Ave. NW, Room 1063B,
assist the Agency in developing a National Academy of Sciences (NAS) Washington, DC 20420; or by fax to
framework to assess the health effects of study to examine and describe: Current (202) 273–9026. Comments should
the Dust rule and its impact on the monitoring and sampling protocols and indicate that they are submitted in
health protections provided to coal requirements to understand miners’ response to ‘‘Notice of Petition for
miners going forward. With respect to occupational exposure to respirable coal Rulemaking and request for comments—
suggested elements for a framework, mine dust in the United States and other Exclusion of Gender Alterations from
commenters should be specific and industrialized countries; coal mine dust the Medical Benefits Package.’’ Copies
include detailed rationales and composition and application of comments received will be available
sradovich on DSK3GMQ082PROD with PROPOSALS

supporting documentation, if any. procedures, including the impact of new for public inspection in the Office of
Throughout the comment period, MSHA rock dust mixtures and regulatory Regulation Policy and Management,
will continue to consult with interested requirements; monitoring and sampling Room 1063B, between the hours of 8:00
parties and the Department of Health technologies, along with sampling a.m. and 4:30 p.m., Monday through
and Human Services’ National Institute protocols and frequency; and the Friday (except holidays). Please call
for Occupational Safety and Health efficacy of those technologies and (202) 461–4902 for an appointment.
(NIOSH), as it collects and evaluates all protocols in aiding decisions regarding (This is not a toll-free number.) During
available information, comments in the control of respirable coal mine dust the comment period, comments may

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Document Created: 2018-07-07 00:41:53
Document Modified: 2018-07-07 00:41:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Request for information; close of comment period.
Dates		Comments must be received or postmarked by midnight Eastern Standard Time (EST) on July 9, 2019.
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). These are not toll-free numbers.
FR Citation		83 FR 31710
RIN Number		1219-AB90
CFR Citation		30 CFR 70 30 CFR 71 30 CFR 72 30 CFR 75 30 CFR 90

83 FR 31710 - Retrospective Study of Respirable Coal Mine Dust Rule

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 83, Issue 131 (July 9, 2018)

DEPARTMENT OF LABOR
Mine Safety and Health Administration