Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Proposed Rules 8521 make. The EPA will generally not Dated: January 30, 2020. Identifier Number (0920–AA68) for this consider comments or comment Dennis Deziel, rulemaking. All relevant comments, contents located outside of the primary Regional Administrator, EPA Region 1. including any personal information submission (i.e. on the web, cloud, or [FR Doc. 2020–02226 Filed 2–13–20; 8:45 am] provided, will be posted without change other file sharing system). For BILLING CODE 6560–50–P to http://www.regulations.gov. For additional submission methods, please detailed instructions on submitting contact the person identified in the FOR public comments, see the ‘‘Public Participation’’ heading of the FURTHER INFORMATION CONTACT section. DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION section of For the full EPA public comment policy, HUMAN SERVICES information about CBI or multimedia this document. submissions, and general guidance on 42 CFR Part 37 FOR FURTHER INFORMATION CONTACT: making effective comments, please visit Rachel Weiss, Program Analyst; 1090 https://www.epa.gov/dockets/ [Docket No. CDC–2019–0088; NIOSH–330] Tusculum Ave., MS: C–48, Cincinnati, OH 45226; telephone (855) 818–1629 commenting-epa-dockets. Publicly RIN 0920–AA68 available docket materials are available (this is a toll-free number); email at https://www.regulations.gov or at the Coal Workers’ Health Surveillance [email protected]. U.S. Environmental Protection Agency, Program: B Reader Decertification and SUPPLEMENTARY INFORMATION: EPA Region 1 Regional Office, Air and Autopsy Payment I. Public Participation Radiation Division, 5 Post Office AGENCY: Centers for Disease Control and Interested parties may participate in Square—Suite 100, Boston, MA. EPA Prevention, HHS. this rulemaking by submitting written requests that if at all possible, you views, opinions, recommendations, and contact the contact listed in the FOR ACTION: Notice of proposed rulemaking. data. Comments received, including FURTHER INFORMATION CONTACT section to SUMMARY: HHS proposes to revise the attachments and other supporting schedule your inspection. The Regional National Institute for Occupational materials, are part of the public record Office’s official hours of business are Safety and Health (NIOSH), Coal and subject to public disclosure. Do not Monday through Friday, 8:30 a.m. to Workers’ Health Surveillance Program include any information in your 4:30 p.m., excluding legal holidays. (Program) regulations by adding a comment or supporting materials that FOR FURTHER INFORMATION CONTACT: Bob provision to allow NIOSH to suspend or you do not wish to be disclosed. You McConnell, Environmental Engineer, revoke B Reader certification. may submit comments on any topic Air and Radiation Division (Mail Code Certification may be revoked for any B related to this notice of proposed 05–2), U.S. Environmental Protection Reader found by NIOSH to have rulemaking. engaged in a pattern of providing Agency, Region 1, 5 Post Office Square, II. Statutory Authority Suite 100, Boston, Massachusetts unreasonably inaccurate chest The Federal Mine Safety and Health 02109–3912; (617) 918–1046. radiograph classifications in practice— Act of 1977 (Pub. L. 91–173, 30 U.S.C. [email protected]. those that are found by the Program to diverge substantially from a competent 801 et seq.) (Mine Act), authorizes the SUPPLEMENTARY INFORMATION: In the interpretation of the radiographs, as HHS Secretary (Secretary) to work with Final Rules Section of this Federal determined by a panel of practicing, coal mine operators to make available to Register, EPA is approving the State’s certified B Readers selected by NIOSH. coal miners the opportunity to have SIP submittal as a direct final rule In addition to the B Reader provisions, regular and routine chest radiographs without prior proposal because the HHS would also amend existing (X-rays) in order to detect coal workers’ Agency views this as a noncontroversial regulatory text to allow compensation pneumoconiosis (i.e., black lung) and submittal and anticipates no adverse for pathologists who perform autopsies prevent its progression in individual comments. A detailed rationale for the on coal miners at a market rate, on a miners. The Mine Act grants the approval is set forth in the direct final discretionary basis as needed for public Secretary general authority to issue rule. If no adverse comments are health purposes. regulations as is deemed appropriate to carry out provisions of the Act and received in response to this action rule, DATES: Comments must be received by no further activity is contemplated. If specifically directs that medical May 14, 2020. Comments on the examination of coal miners shall be EPA receives adverse comments, the information collection approval request direct final rule will be withdrawn and given in accordance with specifications sought under the Paperwork Reduction prescribed by the Secretary (30 U.S.C. all public comments received will be Act must be received by April 14, 2020. addressed in a subsequent final rule 843(a), 957). The Mine Act also ADDRESSES: Written comments: based on this proposed rule. EPA will authorizes the Secretary to establish Comments may be submitted by any of specifications for the reading of not institute a second comment period. the following methods: Any parties interested in commenting radiographs and to pay for autopsies • Federal eRulemaking Portal: http:// submitted to the Program. on this action should do so at this time. www.regulations.gov. Follow the Please note that if EPA receives adverse instructions for submitting comments to III. Background and Need for comment on an amendment, paragraph, the docket. Rulemaking or section of this rule and if that • Mail: NIOSH Docket Office, Robert All mining work generates fine provision may be severed from the A. Taft Laboratories, MS–C34, 1090 particles of dust in the air. Coal miners remainder of the rule, EPA may adopt Tusculum Avenue, Cincinnati, OH who inhale excessive dust are known to as final those provisions of the rule that 45226. develop a group of diseases of the lungs are not the subject of an adverse Instructions: All submissions received and airways, including dust-induced comment. must include the agency name (Centers fibrotic lung disease (pneumoconiosis) For additional information, see the for Disease Control and Prevention, and chronic obstructive pulmonary direct final rule which is located in the HHS) and docket number (CDC–2019– disease, including chronic bronchitis Rules Section of this Federal Register. 0088; NIOSH–330) or Regulation and emphysema. To address such VerDate Sep<11>2014 16:35 Feb 13, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\14FEP1.SGM 14FEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 8522 Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Proposed Rules threats to the U.S. coal mining classifications in accordance with ILO has occasionally learned of B Readers workforce, the Mine Act was enacted in standards. The B Reader examination found to provide unreasonably 1969 and amended in 1977, authorizing currently offered by NIOSH consists of inaccurate radiograph classifications in the NIOSH Coal Workers’ Health the classification of 125 chest formal litigation and compensation Surveillance Program, within the radiographs over the course of 6 hours; proceedings relative to the actual Respiratory Health Division, to detect the test addresses proficiency in features of the chest radiographs in pneumoconiosis and prevent its classification of small opacities, large question. ‘‘Unreasonably inaccurate’’ progression in individual miners, while opacities, pleural abnormalities, and classifications are those that diverge at the same time providing information certain other abnormalities that may substantially from a competent for evaluation of temporal and appear in the lung radiographs. In order interpretation of the radiographs and are geographic trends in pneumoconiosis. to maintain B Reader status, B Readers unsupported by the chest radiographs in To inform each miner of his or her must take and pass the B Reader question, as determined by a panel of health status, the Act requires that coal recertification exam every 5 years. practicing, certified B Readers selected mine operators provide each miner who B Readers participate in the NIOSH by NIOSH. For example, one B Reader begins work at a coal mine for the first Coal Workers’ Health Surveillance was accused of ‘‘under-reading’’ chest time a chest radiograph (X-ray) through Program, as well as other national and radiographs, frequently not identifying an approved facility as soon as possible state programs addressing dust-related severe cases of pneumoconiosis that after employment starts. Three years illnesses,2 and are also involved with may have been indicated by the later a miner must be offered a second epidemiologic evaluations, surveillance, radiographs; 4 another was accused of chest radiograph. If this second and worker monitoring programs ‘‘over-reading,’’ frequently identifying examination reveals evidence of involving many types of asbestosis where the radiographs were pneumoconiosis, the miner is entitled to pneumoconioses. In applying the ILO subsequently found not to support that a third chest radiograph 2 years after the Classification, B Readers compare sets determination.5 The Program second. Further, all miners working in of standard images, which