Health Standards for Occupational Noise Exposure

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: Proposed rule; extension of comment period and notice of

hearings.

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SUMMARY: MSHA is extending the period for public comment regarding the

Agency's proposed rule for occupational noise exposure, which was

published in the Federal Register on December 17, 1996. The Agency also

is announcing that it intends to hold public hearings. These hearings

will be held under section 101 of the Federal Mine Safety and Health

Act of 1977. The rulemaking record will remain open until June 16,

1997.

DATES: Comments must be received on or before April 21, 1997. All

requests to make oral presentations for the record should be submitted

at least 5 days prior to each hearing date. However, you do not have to

give a written request to be provided an opportunity to speak. The

public hearings are scheduled to be held at the following locations on

the dates indicated:

May 6, 1997-Beaver, West Virginia (Beckley)

May 8, 1997-St. Louis, Missouri

May 13, 1997-Denver, Colorado

May 15, 1997-Las Vegas, Nevada

May 20, 1997-Atlanta, Georgia

May 22, 1997-Washington, DC

Each hearing will last from 9:00 a.m. to 5:00 p.m., but will

continue into the evening if necessary.

The record will remain open after the hearings until June 16, 1997.

ADDRESSES: Comments on the proposed rule may be transmitted by

electronic mail, fax, or mail. Comments by electronic mail must be

clearly identified as such and sent to this e-mail address:

[email protected]. Comments by fax must be clearly identified as such and

sent to: MSHA, Office of Standards, Regulations, and Variances, 703-

235-5551. Send mail comments to: MSHA, Office of Standards,

Regulations, and Variances, Room 631, 4015 Wilson Boulevard, Arlington,

VA 22203-1984, or any MSHA district or field office. The Agency will

have copies of the proposal available for review by the mining public

at each district and field office location, and each technical support

center. The document will also be available for loan to interested

members of the public on an as needed basis. MSHA will also accept

written comments from the mining public in the field and district

offices and technical support centers. These comments will be a part of

the official rulemaking record. Interested persons are encouraged to

supplement written comments with computer files or disks; please

contact the Agency with any questions about format.

Send requests to make oral presentations to: MSHA, Office of

Standards, Regulations, and Variances, Room 631, 4015 Wilson Boulevard,

Arlington, VA 22203-1984.

The hearings will be held at the following locations:

May 6, 1997, National Mine Health & Safety Academy, Auditorium, 1301

Airport Road, Beaver, West Virginia (Beckley) 25813.

May 8, 1997, Harley Hotel, North Ballroom, 3400 Rider Trail South, St.

Louis, Missouri 63134.

May 13, 1997, Four Points Sheraton Hotel, Mount Evans Room, 3535 Quebec

Street, Denver, Colorado 80207.

May 15, 1997, Quality Inn, 377 E. Flamingo Road, Las Vegas, Nevada

89109.

May 20, 1997, Holiday Inn Airport, 5010 Old National Highway, Atlanta,

Georgia 30349.

May 22, 1997, Department of Labor, Frances Perkins Building,

Auditorium, 200 Constitution Avenue, NW., Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office

of Standards, Regulations, and Variances, MSHA, phone 703-235-1910.

SUPPLEMENTARY INFORMATION: On December 17, 1996, MSHA published in the

Federal Register (61 FR 66348) a proposed rule to revise the Agency's

existing health standards for occupational noise, allowing 60 days for

public comment. The Agency has received a number of requests from the

mining community to extend the period for comment. These requests

include a range of from 15 to 180 additional days. The comment period

was scheduled to close on February 18, 1997. MSHA does not believe that

an extension of 180 days (until August 17, 1997) is warranted. The

Agency believes that a more reasoned response is an extension until

April 21, 1997, an additional 60 days beyond the original comment

period. The Agency believes that this extension will provide sufficient

time for all interested parties to review and comment on the proposal,

and does not

[[Page 5555]]

anticipate that any further extensions are necessary or appropriate.

In addition to this action extending the comment period, MSHA will

hold public hearings to receive comments. The hearings will address any

issues relevant to the rulemaking such as the requirements for dose

determination, threshold level, exchange rate, action level,

permissible exposure level, administrative/engineering controls, dual

hearing protection level, ceiling level, operator exposure monitoring,

employee notification, hearing protectors, training, audiometric

testing, follow-up evaluation, follow-up corrective measures,

notification of results, reporting requirements, access to records, and

transfer of records.

The hearings will be conducted in an informal manner by a panel of

MSHA officials. Although formal rules of evidence or cross examination

will not apply, the presiding official may exercise discretion to

ensure the orderly progress of the hearings and may exclude irrelevant

or unduly repetitious material and questions.

Each session will begin with an opening statement from MSHA,

followed by an opportunity for members of the public to make oral

presentations. The hearing panel may ask questions of speakers. At the

discretion of the presiding official, the time allocated to speakers

for their presentations may be limited. In the interest of conducting

productive hearings, MSHA will schedule speakers in a manner that

allows all points of view to be heard as effectively as possible.

Verbatim transcripts of the proceedings will be prepared and made a

part of the rulemaking record. Copies of the hearing transcripts will

be made available for public review.

MSHA will accept additional written comments and other appropriate

data for the record from any interested party, including those not

presenting oral statements. Written comments and data submitted to MSHA

will be included in the rulemaking record. To allow for the submission

of posthearing comments, the record will remain open until June 16,

1997. This provides a total of 6 months from publication for the public

to comment on this proposed rule.

Dated: January 31, 1997.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

[FR Doc. 97-3001 Filed 2-5-97; 8:45 am]

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