Health Standards for Occupational Noise Exposure

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

[email protected]; 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 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..................................... 891 170,990 19,094 192 0.000

Small =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..................................... 1,023 197,985 26,071 194 0.001

Small 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