Diesel Particulate Matter Exposure of Underground Coal Miners

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 72 and 75

RIN 1219-AA74

Diesel Particulate Matter Exposure of Underground Coal Miners

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

[[Page 41756]]

ACTION: Proposed rule; extension of comment periods; notice of

hearings; and close of record.

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

Agency's proposed rule addressing diesel particulate matter exposure of

underground coal miners, which was published in the Federal Register on

April 9, 1998; and the notice of preliminary determination of no

significant environmental impact published in the Federal Register on

July 14, 1998.

The Agency is also announcing that it will hold public hearings in

Birmingham, Alabama; Salt Lake City, Utah; Mt. Vernon, Illinois; and

Beckley, West Virginia. The hearing dates, times, and locations will be

announced by a separate notice in the Federal Register.

The rulemaking record will remain open 30 days after the last

public hearing.

DATES: Comments must be received on or before October 9, 1998.

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, and or technical

support center. Copies of the proposal are available for review by the

mining community at each district and field office location, and at

each technical support center. The document is also available for loan

to interested members of the public. These comments will become 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.

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

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

SUPPLEMENTARY INFORMATION: On April 9, 1998, (63 FR 17492), MSHA

published a proposed rule to reduce the risks to underground coal

miners of serious health hazards that are associated with exposure to

high concentrations of diesel particulate matter (dpm). DPM is a very

small particle in diesel exhaust. Underground miners are exposed to far

higher concentrations of this fine particulate than any other group of

workers. The best available evidence indicates that such high exposures

put these miners at excess risk of a variety of adverse health effects,

including lung cancer.

The proposed rule for underground coal mines would require that

mine operators install and maintain high-efficiency filtration systems

on certain types of diesel-powered equipment. Underground coal mine

operators would also be required to train miners about the hazards of

dpm exposure.

The comment period was scheduled to close on August 7, 1998.

However, due to requests from the mining community, the Agency is

extending the comment period for an additional 60 days, until October

9, 1998. MSHA believes that this extension will provide sufficient time

for all interested parties to review and comment on the proposal. All

interested parties are encouraged to submit comments prior to October

9, 1998.

The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et.

seq.), requires each Federal agency to consider the environmental

effects of proposed actions and to prepare an Environmental Impact

Statement on major actions significantly affecting the quality of the

human environment. On July 14, 1998, (63 FR 37796), MSHA published a

notice in the Federal Register that announced its preliminary

determination that the proposed rule would have no significant

environmental impact. The comment period was scheduled to close on

August 10, 1998; however, by this notice, MSHA is extending the comment

period until October 9, 1998.

Additionally, MSHA plans to hold the first public hearing within

two weeks of the close of the comment period. The hearing dates, times,

and locations will be announced by a separate notice in the Federal

Register. The hearings will be held under section 101 of the Federal

Mine Safety and Health Act of 1977.

To allow for the submission of post-hearing comments, the

rulemaking record will remain open 30 days after the last public

hearing. This date will also be announced by a separate notice in the

Federal Register. This provides a total of more than 6 months from date

of publication for the public to comment on this proposed rule.

Dated: July 30, 1998.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

[FR Doc. 98-20830 Filed 8-4-98; 8:45 am]

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