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Federal Register: December 31, 1997 (Volume 62, Number 250, Page 68467-68473)

[Page 68467]]

_______________________________________________________________________

Part VI

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 March 10, 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 April 9, 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 zzMSHA-Comments@dol.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

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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.

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               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.

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             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