[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Proposed Rules]
[Pages 68468-68473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33935]
[[Page 68467]]
_______________________________________________________________________
Part VI
Department of Labor
_______________________________________________________________________
Mine Safety and Health Administration
_______________________________________________________________________
30 CFR Parts 56, 57, 62, 70, and 71
Health Standards for Occupational Noise Exposure; Proposed Rule
Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 /
Proposed Rules
[[Page 68468]]
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56, 57, 62, 70, and 71
RIN 1219-AA53
Health Standards for Occupational Noise Exposure
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Supplemental proposed rule; close of comment period; notice of
public hearing; close of record.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would supplement MSHA's proposed rule for
occupational noise exposure in coal mines and in metal and nonmetal
mines, which was published on December 17, 1996, by adding a new
provision addressing the right of miners and miners' representatives to
observe required operator monitoring under the proposed noise exposure
standards. MSHA is also announcing the close of the comment period,
notice of public hearing, and close of the rulemaking record.
DATES: Written comments must be received on or before February 17,
1998. Written comments on the information collection requirements must
be received on or before March 2, 1998.
MSHA will hold a public hearing. The hearing will be held on
January 21, 1998. The hearing will begin at 9:00 a.m. All requests to
make oral presentations for the record should be submitted at least 5
days prior to the hearing date. A written request is not required for
an opportunity to speak. The record for the rulemaking will close on
January 30, 1998 to allow for the submission of post-hearing comments.
ADDRESSES: Comments on this supplemental proposed rule must be clearly
identified as such and may be transmitted by electronic mail to
noise@msha.gov; by fax to MSHA, Office of Standards, Regulations, and
Variances, 703-235-5551; or by mail to MSHA, Office of Standards,
Regulations, and Variances, 4015 Wilson Boulevard, Room 631, Arlington,
VA 22203. Interested persons are encouraged to supplement written
comments with computer files or disks; please contact the Agency with
any format questions.
Written comments on the information collection requirements may be
submitted directly to the Office of Information and Regulatory Affairs,
Attention: Desk Officer for MSHA, Office of Management and Budget
(OMB), New Executive Office Building, 725 17th Street NW., Room 10235,
Washington, DC 20503.
The hearing will be held at the following location: Department of
Labor, Frances Perkins Building, C-5515 Seminar Room 3, 200
Constitution Avenue NW., Washington, DC 20210. Send requests to make
oral presentations to MSHA, Office of Standards, Regulations, and
Variances, 4015 Wilson Boulevard, Room 631, Arlington, VA 22203.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; MSHA,
Office of Standards, Regulations, and Variances; 703-235-1910.
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act
This supplemental proposed rule would require mine operators to
provide affected miners and miners' representatives with an opportunity
to observe operator monitoring required under Sec. 62.120(f) of MSHA's
proposed rule for occupational noise exposure in coal and metal and
nonmetal mines, published December 17, 1996 (61 FR 66348). It also
would require mine operators to inform miners and miners'
representatives of the dates and times of planned operator noise
monitoring so that miners and miners' representatives would have an
opportunity to exercise the right to observe monitoring. This
collection of information is subject to review by OMB under the
Paperwork Reduction Act of 1995 (PRA 95).
Description: MSHA estimates that each mine operator would notify
miners and miners' representatives of planned noise monitoring in one
of three ways: oral notification, posted notice, or individually
distributed written notices. The Agency estimates that 45 percent of
mine operators would notify miners orally, 35 percent would notify
miners via posted notices, and 20 percent would notify miners by
distributing individual written notices.
The Agency estimates that it would take a supervisor, earning $36
per hour at a metal/nonmetal mine or $42 per hour at a coal mine, about
2 minutes (0.033 hour) to notify miners and miners' representatives
orally of monitoring activities and that it would take a supervisor
approximately 6 minutes (0.10 hour) to instruct a clerical worker to
prepare a written notice or a posted notification. A clerical worker
would take about 5 minutes (0.08 hour) to prepare a notice. Metal/
nonmetal miners earn $23 per hour on average and coal miner wages
average $26 per hour. A clerical worker earns about $16 per hour.
Description of Respondents: The respondents are mine operators.
MSHA estimates that this provision would annually affect 7,241 metal/
nonmetal mines and 2,146 coal mines.
Information Collection Burden: MSHA estimates that, in addition to
the information collection burden of the comprehensive proposed noise
rule, the supplemental proposed rule on observation of monitoring would
increase the mining industry's information collection burden by
approximately $166,915. For this supplemental proposed rule, the total
estimated annual information collection burden for metal and nonmetal
mines is about 4,624 hours at an estimated annual cost of about
$103,355 which consists entirely of labor and photocopying costs. The
total estimated annual information collection burden for coal mines is
about 2,740 hours at an estimated annual cost of about $63,560 in labor
and photocopying costs.
The following chart summarizes MSHA's estimates for metal and
nonmetal mines and for coal mines.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average Annual Total hours
Sec. 62.120(g) Number of hours per Number of Number of responses per respondent costs for per
respondents response responses materials regulation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oral Notice
--------------------------------------------------------------------------------------------------------------------------------------------------------
Metal/Nonmetal................................. 3,258 0.033 49,950 1 $0 1,756
Coal........................................... 966 0.033 34,060 1 0 1,156
--------------------------------------------------------------------------------------------------------------------------------------------------------
Individual Notices
--------------------------------------------------------------------------------------------------------------------------------------------------------
Metal/Nonmetal................................. 1,449 0.08 22,200 1 0.25 1,920
Coal........................................... 429 0.08 15,138 1 0.25 1,254
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 68469]]
Posted Notices
--------------------------------------------------------------------------------------------------------------------------------------------------------
Metal/Nonmetal................................. 2,534 0.08 2,534 3/sm; 6/lg 0.25 948
Coal........................................... 751 0.08 751 3/sm; 6/lg 0.25 330
--------------------------------------------------------------------------------------------------------
Total...................................... 9,387 ........... 124,633 ...................................... ........... 7,364
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: MSHA has prepared a detailed description of the burden calculation in Appendix A.
Under section 3507(o) of PRA 95, the Agency has submitted a copy of
this proposed rule to OMB for its review and approval of these
information collections. Interested persons are requested to send
comments regarding these burden estimates or any other aspect of these
proposed information collection provisions, including suggestions for
reducing these burdens, (1) directly to the Office of Information and
Regulatory Affairs, Attention: Desk Officer for MSHA; OMB, New
Executive Office Building, 725 17th Street NW., Room 10235; Washington,
DC 20503, and (2) to Patricia W. Silvey, Director; Office of Standards,
Regulations, and Variances, MSHA; 4015 Wilson Boulevard, Room 631;
Arlington, VA 22203.
II. Introduction and Rulemaking Background
On December 17, 1996, MSHA published in the Federal Register a
proposed rule to revise the Agency's existing health standards for
exposure to occupational noise (61 FR 66348). The proposal would retain
the current permissible exposure level of 90 dBA and would establish a
new 8-hour time-weighted average of 85 dBA as an action level. Emphasis
would be placed on the use of feasible engineering and administrative
control measures, audiometric examinations, training, and properly
fitted hearing protection.
The comment period for the proposed rule closed on April 21, 1997.
MSHA received and reviewed comments from various sectors of the mining
community, including mine operators, industry trade associations,
organized labor, health associations, colleges and universities, and
equipment manufacturers. The Agency began a series of public hearings
on the proposed rule on May 6, 1997.
In the December 17, 1996 proposal, Sec. 62.120(f) would require
operators to establish a system of monitoring which effectively
evaluates each miner's noise exposure. In response to this proposed
provision, some commenters were concerned about the need to include
requirements providing miners and their representatives with the right
to observe monitoring. These commenters prompted MSHA to reconsider its
responsibilities under the Federal Mine Safety and Health Act of 1977
(Mine Act). Section 103(c) of the Mine Act requires, among other
things, that when the Secretary issues regulations requiring operator
monitoring, ``[s]uch regulations shall provide miners or their
representatives with an opportunity to observe such monitoring or
measuring, and to have access to the records thereof.'' As a result of
this review, MSHA is supplementing its proposed noise standard to
include the requirement of observation of monitoring for miners and
their representatives.
MSHA believes that miners who observe the monitoring of their
exposures will be aided in their understanding of the nature and extent
of the noise hazard. The supplemental proposed rule would result in
improved miner protection because involvement in the process of
monitoring should increase the miner's awareness of noise exposure
levels in their workplace.
III. Discussion and Summary of Proposed Rule
This proposed rule would supplement MSHA's proposed noise standard
by including a new provision at Sec. 62.120(g), Observation of
Monitoring, which would require that mine operators provide both
affected miners and their representatives with an opportunity to
observe any monitoring required under the proposed noise rule. This
provision would implement Section 103(c) of the Mine Act. Consistent
with the underlying purposes of the Mine Act, MSHA broadly interprets
the opportunity for observation of monitoring to extend to both miners
and their representatives.
The proposed comprehensive noise standard would require mine
operators to institute feasible engineering and administrative controls
to prevent or reduce miner overexposures to noise. Therefore, MSHA
intends for miners and miners' representatives to have an opportunity
to observe personal and area operator monitoring conducted for the
purposes of evaluating the need for and effectiveness of these control
measures.
In addition, the proposal would require mine operators to inform
affected miners and miners' representatives of the dates and times they
intend to conduct required monitoring relating to this section. MSHA
believes that it is important for miners and miners' representatives to
have advance knowledge of operator monitoring so that they may exercise
the opportunity to observe the monitoring. Furthermore, the proposed
supplemental rule does not specify a required method of notification.
Under the proposal, the operator may use any method of notification
including oral, written, or posting, which effectively informs miners
and their representatives.
MSHA views operator monitoring to be an important component in the
mine operator's overall noise protection program. The primary purpose
of operator monitoring is protection of the miners. Monitoring provides
operators with an awareness of the noise exposure levels to which
miners are exposed. In addition, it informs operators of their
obligations to reduce noise levels, as applicable under the proposal,
to ensure protection of the miners.
IV. Executive Order 12866 and the Regulatory Flexibility Act
Executive Order 12866 requires that regulatory agencies assess both
the costs and benefits of proposed regulations. MSHA has determined
that this proposed supplemental rule, together with the comprehensive
proposed noise rule, does not meet the criteria of a significant
regulatory action and, therefore, has not prepared a separate analysis
of costs and benefits. The analysis contained in this preamble meets
MSHA's responsibilities under E.O. 12866 and the Regulatory Flexibility
Act.
Executive Order 12866
MSHA estimates that this supplemental proposed rule would result in
an additional annual cost
[[Page 68470]]
increase of $844,665 (bringing the total costs of the comprehensive
proposed rule, including this supplemental proposal, to slightly less
than $9.2 million annually). The supplemental proposed rule would
result in improved miner protection under the proposed comprehensive
noise standard by increasing the miner's awareness of noise exposure
levels in their workplace.
Observation of Monitoring
The proposed rule would require mine operators to permit affected
miners and miners' representatives to observe the operator's monitoring
conducted to determine the noise exposures of miners. MSHA anticipates
that approximately 25 percent of mines performing monitoring under the
proposal would have a non-duty miner and miner's representative
exercising the right to observe these activities. For the remainder of
mines, MSHA expects that miners and miner's representatives would
either forego their observation rights, have an off-duty miner observe,
or have an off-duty miners' representative observe. For the latter
category of miners and their representatives, MSHA assumes that there
are no costs associated with lost production.
MSHA estimates that about 7,241 metal/nonmetal mine operators
(6,218 small; 1,023 large) and 2,145 coal mine operators (1,255 small;
890 large) would perform exposure evaluations sufficient to determine
the noise doses of miners. The scope of observation could include
activities such as calibrating equipment, placing equipment, actual
sampling, and recording results. The Agency anticipates that the time
required for observation of monitoring would take about 2 hours at
small mines and about 5 hours at large mines annually. Included in
these estimates are 0.25 hour per miner to hook up the dosimeter at the
beginning of the work day and to read the dosimeter at the end of the
day. The Agency notes that it is using an annual basis for the sole
purpose of this cost analysis and that this should not be confused with
the frequency in which operator monitoring would have to be performed
at a particular mine site to establish an effective system of
monitoring under proposed Sec. 62.120(f).
For the purpose of this analysis, MSHA estimates that the cost to
the mine operator for a miner's observation of monitoring is the cost
of lost production. Production from metal/nonmetal mines was valued at
about $38 billion and the production from coal mines was valued at
about $20 billion in 1995. Based on the preliminary employee' hours
reported to MSHA for metal/nonmetal mines and coal mines for 1996, MSHA
estimates the value of production per hour, as an industry-wide
average, to be slightly less than $112 per hour for a metal/nonmetal
miner and about $107 per hour for a coal miner. MSHA estimates that
lost production resulting from miners observing the operator's noise
monitoring activities would cost the mining industry about $677,750
annually. This cost is attributable as shown in the following table.
------------------------------------------------------------------------
Value of
Mine type lost
production
------------------------------------------------------------------------
SM M/NM...................... 6,218 mines * 25% * 2 hr/ $347,940
mine * $111.90/hr.
LG M/NM...................... 1,023 mines * 25% * 5 hr/ $143,110
mine * $111.90/hr.
SM Coal...................... 1,255 mines * 25% 2 hr/mine $67,330
* $107.30/hr.
LG Coal...................... 890 mines * 25% 5 hr/mine * $119,370
$107.30/hr.
------------------------------------------------------------------------
Notification of Miners and Miners' Representatives of Operator
Monitoring
MSHA would require that mine operators notify affected miners and
miners' representatives of plans to conduct noise monitoring so that
the miners and miners' representatives would have the opportunity to
exercise the right to observe. For purposes of this cost analysis, MSHA
presumes that 45 percent of those mine operators who plan to conduct
noise monitoring would inform miners and miners' representatives
orally, for example, during a daily meeting; 35 percent of those mine
operators would inform miners by posting a notice; and 20 percent of
those mine operators would inform miners by distributing a written
notice to each affected miner. These estimates do not address other
effective means of notifying miners and their representatives.
MSHA estimates that notifying miners of planned operator noise
monitoring activities would cost the mining industry about $167,415
annually. This cost is attributable as shown in the following table.
----------------------------------------------------------------------------------------------------------------
Notification costs SM M/NM LG M/NM SM coal LG coal Total
----------------------------------------------------------------------------------------------------------------
Oral Notice.................................... $15,380 $26,400 $4,265 $26,295 $72,340
Individually Distributed Notices............... 15,280 23,900 3,815 21,150 64,145
Posted Notice.................................. 17,820 4,575 3,860 4,175 30,430
----------------------------------------------------------------
Totals..................................... 48,480 54,875 11,940 51,620 166,915
----------------------------------------------------------------------------------------------------------------
The following provides a detailed description of these cost
calculations. MSHA examined the costs by mine size and by type of
mining operation (coal or metal/nonmetal).
Oral Notices
MSHA estimates that about 3,258 metal/nonmetal mine operators
(2,798 small; 460 large) and 966 coal mine operators (565 small; 401
large) would notify miners and miners' representatives of planned
operator noise monitoring activities orally once a year. Small metal/
nonmetal mines would inform about 15,885 miners; large metal and
nonmetal mines would inform about 34,065 miners; small coal mines would
inform about 4,059 miners; and large coal mines would inform about
30,001 miners. MSHA estimates that it takes a supervisor about 2
minutes (0.033 hour) to orally notify miners during a daily meeting.
The following table shows the cost calculations for oral notice.
[[Page 68471]]
----------------------------------------------------------------------------------------------------------------
Mine type Miners' labor cost Supervisor's labor cost Total
----------------------------------------------------------------------------------------------------------------
SM M/NM......................... 15,885 miners * 0.033 hr * $23/ 2,798 mines * 0.033 hr * $36/hr $15,380
hr.
LG M/NM......................... 34,065 miners * 0.033 hr * $23/ 460 mines * 0.033 hr * $36/hr.. 26,400
hr.
SM Coal......................... 4,059 miners * 0.033 hr * $26/hr 565 mines * 0.033 hr * $42/hr.. 4,265
LG Coal......................... 30,001 miners * 0.033 hr * $26/ 401 mines * 0.033 hr * $42/hr.. 26,295
hr.
----------------------------------------------------------------------------------------------------------------
Written Notices
For the metal/nonmetal industry, MSHA estimates that 1,449 mine
operators (1,244 small; 205 large) would prepare notices informing
22,200 miners of their right to observe operator monitoring (7,060 for
small mines; 15,140 for large mines). In addition, MSHA estimates that
429 coal mine operators (251 small; 178 large) would notify about
15,138 miners (1,804 for small mines; 13,334 for large mines). MSHA
estimates an average of 0.08 hour of clerical time to be spent per
miner for a notice to be prepared and distributed, $0.25 per miner for
photocopying, and 0.1 hour of supervisory time per mine to be spent
giving instructions to a clerical worker. The following table shows the
cost calculations for written notices.
----------------------------------------------------------------------------------------------------------------
Miners' labor cost Supervisor's labor cost Total
----------------------------------------------------------------------------------------------------------------
SM M/NM......................... 7,060 miners * ($0.25/copy + 1,244 mines * (0.10 hr * $36/ $15,280
0.08 hr * $16/hr). hr).
LG M/NM......................... 15,140 miners * ($0.25/copy + 205 mines * (0.10 hr * $36/hr). 23,900
0.08 hr * $16/hr).
SM Coal......................... 1,804 miners * ($0.25/copy + 251 mines * (0.10 hr * $42/hr). 3,815
0.08 hr * $16/hr).
LG Coal......................... 13,334 miners * ($0.25/copy + 178 mines * (0.10 hr * $42/hr). 21,150
0.08 hr * $16/hr).
----------------------------------------------------------------------------------------------------------------
Posted Notices
For the metal/nonmetal industry, MSHA estimates that 2,534 mine
operators (2,176 small; 358 large) would post written notices. For coal
mines, 439 small mines and 312 large mines would post written notices.
MSHA estimates an average of 0.08 hour of clerical time to be used to
have the notice prepared and posted, $0.25 per notice for photocopying,
and 0.1 hour of supervisory time per mine to be spent giving
instructions to a clerical worker. A small mine would post about 3
notices and a large mine would post approximately 6 notices throughout
the mine property. The following table shows the cost calculations for
posting.
----------------------------------------------------------------------------------------------------------------
Clerical labor cost Supervisor's labor cost Total
----------------------------------------------------------------------------------------------------------------
SM M/NM......................... 3 posting sites/sm mine * 2,176 2,176 mines * (0.10 hr * $36/ $17,820
mines * ($0.25/copy + 0.08 hr * hr).
$16/hr).
LG M/NM......................... 6 posting sites/lg mine * 358 358 mines * (0.10 hr * $36/hr). 4,575
mines * ($0.25/copy + 0.08 hr *
$16/hr).
SM Coal......................... 3 posting sites/sm mine * 439 439 mines * (0.10 hr * $42/hr). 3,860
mines * ($0.25/copy + 0.08 hr *
$16/hr).
LG Coal......................... 6 posting sites/lg mine * 312 312 mines * (0.10 hr * $42/hr). 4,175
mines ($0.25/copy + 0.08 hr *
$16/hr).
----------------------------------------------------------------------------------------------------------------
V. Regulatory Flexibility Act and Small Business Regulatory Enforcement
Fairness Act (SBREFA)
The Regulatory Flexibility Act (RFA) requires regulatory agencies
to consider a rule's impact on small entities. Under the SBREFA
amendments to the RFA, MSHA must use the Small Business Administration
(SBA) definition for a small mine of 500 or fewer employees or, after
consultation with the SBA Office of Advocacy, establish an alternative
definition for the mining industry by publishing that definition in the
Federal Register for notice and comment. MSHA traditionally has
considered small mines to be those with fewer than 20 employees. For
the purposes of the RFA and this certification, MSHA has analyzed the
impact of the proposed rule on all mines with fewer than 500 employees,
as well as on those with fewer than 20 employees.
The Agency has provided a copy of this proposed rule and regulatory
flexibility certification statement to the SBA Office of Advocacy. In
addition, MSHA will mail a copy of the proposed rule, including the
preamble and regulatory flexibility certification statement, to all
mine operators and miners' representatives.
Regulatory Flexibility Certification
In accordance with Sec. 605 of the RFA, MSHA certifies that this
proposed supplemental rule together with the comprehensive proposed
noise rule would not have a significant economic impact on a
substantial number of small entities. No small governmental
jurisdictions or nonprofit organizations are affected.
Under the SBREFA amendments to the RFA, MSHA must include a factual
basis in the proposed rule for this certification. The Agency also must
publish the regulatory flexibility certification in the Federal
Register, along with its factual basis, followed by an opportunity for
comment by the public.
Factual Basis for Certification
The Agency has used a quantitative approach in concluding that the
supplemental proposed rule does not have a significant impact on a
substantial number of small entities. The Agency performed its analysis
separately for two groups of mines: the coal mining sector as a whole,
and the metal and nonmetal mining sectors as a whole. Based on a review
of available sources of public data on the mining industry, the Agency
believes that a quantitative analysis of the impacts on various mining
subsectors (i.e., beyond the 4-digit SIC level) may not be feasible.
The Agency requests comments, however, on whether there are special
circumstances that warrant separate quantification of the impact of
this proposal on any mining subsector, and information on how it might
readily
[[Page 68472]]
obtain the data necessary to conduct such a quantitative analysis. The
Agency is fully cognizant of the diversity of mining operations in each
sector, and has applied that knowledge as it developed the proposal.
As reflected in the certification, MSHA analyzed the costs of this
proposal for small and large mines using both the traditional Agency
definition of a small mine and, as required by the RFA, SBA's
definition. The Agency compared the costs of the proposal for small
mines in each sector to the revenues for each sector for every size
category analyzed. In each case, the results indicated that the costs
as a percent of revenue are substantially less than 1 percent.
MSHA estimates that this supplemental proposed rule would result in
an additional annual cost increase of $844,665 (bringing the total
costs of the comprehensive proposed rule, including this supplemental
proposal, to approximately $9.2 million annually).
The following table summarizes the results of the analysis of the
supplemental proposed rule for all mines and for those which employ
fewer than 20 miners.
------------------------------------------------------------------------
Small mines Large mines
Provision (<20 (="">=20 Total
miners) miners) annual cost
------------------------------------------------------------------------
Metal/Nonmetal
------------------------------------------------------------------------
Observation...................... $347,940 $143,110 $491,050
Notification..................... 48,480 54,875 103,355
------------------------------------------------------------------------
Coal
------------------------------------------------------------------------
Observation...................... 67,330 119,370 186,700
Notification..................... 11,940 51,620 63,560
------------------------------------------------------------------------
All Mines
------------------------------------------------------------------------
475,690 368,975 844,665
------------------------------------------------------------------------
The following table summarizes the results of the Agency's analysis
of the supplemental proposed rule's costs and effects on revenue.
Small Mines: Costs Compared to Revenues
----------------------------------------------------------------------------------------------------------------
No. of
mines Estimated Estimated Estimated Cost as %
affected (> annual revenue cost per of revenue
85 dBA) costs (millions) small mine
----------------------------------------------------------------------------------------------------------------
Coal Mines
----------------------------------------------------------------------------------------------------------------
Small <20...................................... 1,255="" $79,270="" $855="" $63="" 0.009="" large="">=20..................................... 891 170,990 19,094 192 0.000
Small <500..................................... 2,136="" 249,210="" 19,117="" 117="" 0.001="" large="">=500.................................... 9 1,050 831 117 0.000
All Coal Mines................................. 2,146 250,260 20,000 117 0.001
----------------------------------------------------------------------------------------------------------------
M/NM Mines
----------------------------------------------------------------------------------------------------------------
Small <20...................................... 6,218="" 396,920="" 11,929="" 64="" 0.003="" large=""> 20..................................... 1,023 197,985 26,071 194 0.001
Small < 500....................................="" 7,222="" 593,344="" 32,134="" 82="" 0.002="" large=""> 500.................................... 19 1,561 5,866 82 0.000
All M/NM Mines................................. 7,241 594,905 38,000 82 0.001
----------------------------------------------------------------------------------------------------------------
In determining revenues for coal mines, MSHA multiplied coal
production data (in tons) for mines in specific size categories
(reported to MSHA quarterly) by the average price per ton (from the
Department of Energy, Energy Information Administration, Annual Energy
Review 1995). For metal and nonmetal mines, the Agency estimated
revenues for specific mine size categories as the proportionate share
of these mines' contributions to the Gross National Product (from the
Department of Interior, formerly known as the Bureau of Mines, Mineral
Commodities Summaries 1996).
VI. Unfunded Mandates Reform Act of 1995
MSHA has determined that, for purposes of Sec. 202 of the Unfunded
Mandates Reform Act of 1995, this supplemental proposal, together with
the comprehensive proposed noise rule, does not include any Federal
mandate that may result in increased expenditures by state, local, or
tribal governments in the aggregate of more than $100 million, or
increased expenditures by the private sector of more than $100 million.
Moreover, the Agency has determined that for purposes of Sec. 203 of
that Act, this supplemental proposal together with the comprehensive
proposed noise rule does not significantly or uniquely affect small
governments.
List of Subjects in 30 CFR Part 62
Mine safety and health, Noise.
[[Page 68473]]
Dated: December 19, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
It is proposed to amend Chapter I of Title 30 of the Code of
Federal Regulations as follows:
PART 62--OCCUPATIONAL NOISE EXPOSURE
1. The authority citation for part 62 would read as follows:
Authority: 30 U.S.C. 811, 813.
2. A new paragraph Sec. 62.120(g) is added to part 62 as proposed
to be added to the Code of Federal Regulations at 61 FR 66465, December
17, 1996, to read as follows:
Sec. 62.120 Limitations on noise exposure.
* * * * *
(g) Observation of monitoring. The mine operator shall provide
affected miners and their representatives with an opportunity to
observe exposure monitoring required by this section. Mine operators
must give prior notice to affected miners and their representatives of
the date and time of intended monitoring.
Note: The following appendix will not appear in the Code of
Federal Regulations.
Non-Mandatory Appendix A--Paperwork Burden Calculations for Notification
----------------------------------------------------------------------------------------------------------------
Mine type Miners' labor Supervisor's labor Total hours
----------------------------------------------------------------------------------------------------------------
Oral Notices
----------------------------------------------------------------------------------------------------------------
SM M/NM......................... 15,885 miners * 0.033 hr........ 2,798 mines * 0.033 hr......... 617
LG M/NM......................... 34,065 miners * 0.033 hr........ 460 mines * 0.033 hr........... 1,139
SM Coal......................... 4,059 miners * 0.033 hr......... 565 mines * 0.033 hr........... 153
LG Coal......................... 30,001 miners * 0.033 hr........ 401 mines * 0.033 hr........... 1,003
----------------------------------------------------------------------------------------------------------------
Written Notices
----------------------------------------------------------------------------------------------------------------
SM M/NM......................... 7,060 miners * 0.08 hr.......... 1,244 mines * 0.10 hr.......... 688
LG M/NM......................... 15,140 miners * 0.08 hr......... 205 mines * 0.10 hr............ 1,232
SM Coal......................... 1,804 miners * 0.08 hr.......... 251 mines * 0.10 hr............ 169
LG Coal......................... 13,334 miners * 0.08 hr......... 178 mines * 0.10 hr............ 1,085
----------------------------------------------------------------------------------------------------------------
Posted Notices
----------------------------------------------------------------------------------------------------------------
SM M/NM......................... 3 posting sites/sm mine * 2,176 2,176 mines * 0.10 hr.......... 740
mines * 0.08 hr.
LG M/NM......................... 6 posting sites/lg mine * 358 358 mines * 0.10 hr............ 208
mines * 0.08 hr.
SM Coal......................... 3 posting sites/sm mine * 439 439 mines * 0.10 hr............ 149
mines * 0.08 hr.
LG Coal......................... 6 posting sites/lg mine * 312 312 mines * 0.10 hr............ 181
mines * 0.08 hr.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 97-33935 Filed 12-30-97; 8:45 am]
BILLING CODE 4510-43-P
