[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Proposed Rules]
[Pages 48146-48147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15592]



[[Page 48146]]

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56, 57, 60, 70, 71, 72, 75, and 90

[Docket No. MSHA-2023-0001]
RIN 1219-AB36


Lowering Miners' Exposure to Respirable Crystalline Silica and 
Improving Respiratory Protection

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; notice of public hearings.

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SUMMARY: The Mine Safety and Health Administration (MSHA) will hold 
three public hearings on the proposed rule, Lowering Miners' Exposure 
to Respirable Crystalline Silica and Improving Respiratory Protection. 
The proposed rule was published on July 13, 2023 and is available at 
https://www.regulations.gov and MSHA's website at www.MSHA.gov. The 
proposed rule would amend MSHA's existing standards to better protect 
miners against occupational exposure to respirable crystalline silica, 
a carcinogenic hazard, and to improve respiratory protection for all 
airborne hazards.

DATES: Hearings will be held on the following dates: August 3, 2023, 
August 10, 2023, and August 21, 2023. The locations are listed in the 
SUPPLEMENTARY INFORMATION section of this document. Post-hearing 
comments must be received or postmarked by midnight (Eastern Time) on 
August 28, 2023.

ADDRESSES: All submissions must include RIN 1219-AB36 or Docket No. 
MSHA-2023-0001. You should not include personal or proprietary 
information that you do not wish to disclose publicly. If you mark 
parts of a comment as ``business confidential'' information, MSHA will 
not post those parts of the comment. Otherwise, MSHA will post all 
comments without change, including any personal information provided. 
MSHA cautions against submitting personal information.
    You may submit comments and informational materials, clearly 
identified by RIN 1219-AB36 or Docket Id. No. MSHA-2023-0001, by any of 
the following methods:
     Federal E-Rulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Email: [email protected]. Include ``RIN 1219-AB36'' 
in the subject line of the message.
     Regular Mail: MSHA, Office of Standards, Regulations, and 
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 
22202-5450.
     Hand Delivery or Courier: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday through 
Friday, except Federal holidays. Before visiting MSHA in person, call 
202-693-9440 to make an appointment. Special health precautions may be 
required.
     Facsimile: 202-693-9441. Include ``RIN 1219-AB36'' in the 
subject line of the message.
    Information Collection Requirements. Comments concerning the 
information collection requirements of this proposed rule must be 
clearly identified with ``RIN 1219-AB36'' or ``Docket No. MSHA-2023-
0001,'' and sent to MSHA by one of the methods previously explained.
    Docket. For access to the docket to read comments and background 
documents, go to https://www.regulations.gov. The docket can also be 
reviewed in person at MSHA, Office of Standards, Regulations, and 
Variances, 201 12th Street South, Arlington, Virginia, between 9 a.m. 
and 5 p.m. Monday through Friday, except Federal holidays. Before 
visiting MSHA in person, call 202-693-9440 to make an appointment. 
Special health precautions may be required.
    Email Notification. To subscribe to receive an email notification 
when MSHA publishes rulemaking documents in the Federal Register, go to 
https://public.govdelivery.com/accounts/USDOL/subscriber/new.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Director, Office of 
Standards, Regulations, and Variances, MSHA, at: [email protected] 
(email); 202-693-9440 (voice); or 202-693-9441 (facsimile). These are 
not toll-free numbers.

SUPPLEMENTARY INFORMATION: The public hearings provide industry, labor, 
and other interested parties with an opportunity to present oral 
statements, written comments, and other information on the proposed 
rule published on July 13, 2023 (88 FR 44852). In response to requests 
from the public, MSHA will hold a third public hearing on the Silica 
proposed rule, in addition to the two public hearings announced in the 
notice of proposed rulemaking. The Agency believes that the public 
would benefit from a third hearing which would allow the public an 
additional opportunity to present their views in a location accessible 
to miners, mine operators, and other members of the public.
    Each of the three public hearings will begin at 9 a.m. local time 
and end after the last presenter speaks on the following dates:

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                     Date                                           Location                        Contact No.
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August 3, 2023................................  Mine Safety and Health Administration, 201 12th     202-693-9440
                                                 Street South (Room 7W202), Arlington, VA 22202.
August 10, 2023...............................  National Mine Health and Safety Academy,            202-693-9440
                                                 Auditorium (Room B102), 1301 Airport Road,
                                                 Beckley, WV 25813.
August 21, 2023...............................  Denver Federal Center, Building 25, Lecture Hall    202-693-9440
                                                 (Room 1866), West 6th Avenue and Kipling
                                                 Street, Denver, CO 80225.
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    The public hearings will begin with an opening statement from MSHA, 
followed by an opportunity for members of the public to make oral 
presentations. Speakers and other attendees may present information to 
MSHA for inclusion in the rulemaking record. The hearings will be 
conducted in an informal manner. Formal rules of evidence and cross 
examination will not apply.
    A verbatim transcript of each of the proceedings will be prepared 
and made a part of the rulemaking record. Copies of the transcripts 
will be available to the public. MSHA will make the transcript of the 
hearings available at https://www.regulations.gov and on MSHA's website 
at https://arlweb.msha.gov/currentcomments.asp.
    MSHA will accept post-hearing written comments and other 
appropriate information for the rulemaking record from any interested 
party, including those not presenting oral statements, received by 
midnight (Eastern Time) on August 28, 2023.

[[Page 48147]]

    Pre-registration is not required to attend the hearings. Interested 
parties may attend the hearings virtually or in person. Additional 
information on how to attend the public hearings virtually or in-person 
will be available at https://www.msha.gov/regulations/rulemaking/silica. Interested parties who intend to present testimony at the 
hearings are asked to register in advance on MSHA's website at https://www.msha.gov/form/silica-hearings-registration. Speakers will be called 
in the order in which they are registered. Those who do not register in 
advance will have an opportunity to speak after all those who pre-
registered have spoken. You may submit hearing testimony and 
documentary evidence, identified by docket number (MSHA-2023-0001), by 
any of the methods previously identified.

(Authority: 30 U.S.C. 811)

    Dated: July 17, 2023.
Christopher J. Williamson,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2023-15592 Filed 7-25-23; 8:45 am]
BILLING CODE 4520-43-P