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.

ACTION: Proposed rule; notice of hearings; and close of record.

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SUMMARY: MSHA is announcing public hearings 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. 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 February 16, 1999.

DATES: 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:

November 17, 1998--Salt Lake City, Utah

November 19, 1998--Beaver, West Virginia (Beckley)

December 15, 1998--Mt. Vernon, Illinois

December 17, 1998--Birmingham, Alabama

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 until February 16, 1999.

ADDRESSES: 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:

November 17, 1998--Salt Palace Convention Center, 100 S. West

Temple, Salt Lake City, Utah, 84101.

November 19, 1998--National Mine Health & Safety Academy,

Auditorium, 1301 Airport Road, Beaver, West Virginia (Beckley) 25813-

9426.

[[Page 55812]]

December 15, 1998--Ramada Inn, 405 S. 44th Street, Mt. Vernon,

Illinois, 62864.

December 17, 1998--Radisson Hotel, 808 20th Street South,

Birmingham, Alabama 35205.

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting 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 extended

the comment period for an additional 60 days, until October 9, 1998.

MSHA will hold pubic hearings to receive additional public comment.

The hearings will address any issues relevant to the rulemaking.

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 make available for pubic 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 post-hearing comments, the record will remain open until February

16, 1999. This provides ten months from publication for the public to

comment on this proposed rule.

Dated October 15, 1998.

Marvin W. Nichols, Jr.,

Deputy Assistant Secretary for Mine Safety and Health.

[FR Doc. 98-27976 Filed 10-16-98; 8:45 am]

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