Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 57

RIN 1219-AB11

Diesel Particulate Matter Exposure of Underground Metal and

Nonmetal 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 on the Agency's proposed

rule about diesel particulate matter exposure of underground metal and

nonmetal miners, which was published in the Federal Register on October

29, 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 July 26, 1999.

DATES: If you want to make an oral presentation for the record, submit

your request at least 5 days prior to the hearing date. However, you do

not have to make a written request to speak. The public hearings will

be held at the following locations on the dates indicated:

May 11, 1999, Salt Lake City, Utah

May 13, 1999, Albuquerque, New Mexico

May 25, 1999, St. Louis, Missouri

May 27, 1999, Knoxville, Tennessee

Each hearing will be held from 8:30 a.m. to 5 p.m., but will

continue into the evening if necessary.

The rulemaking record will remain open until July 26, 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:

1. May 11, 1999, Doubletree Hotel, 255 South West Temple, Salt Lake

City, Utah 84101, Tel. No. 801-328-2000.

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2. May 13, 1999, Doubletree Hotel, 201 Marquette NW, Albuquerque,

New Mexico, 87102, Tel. No. 505-247-3344.

3. May 25, 1999, Holiday Inn Select, St. Louis Downtown Convention

Center, 811 North Ninth St., St. Louis, Missouri 63101, Tel. No. 314-

421-4000.

4. May 27, 1999, Hyatt Regency Knoxville, 500 Hill Avenue, SE,

Knoxville, Tennessee 37915, Tel. No. 423-637-1234.

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting Director;

Office of Standards, Regulations, and Variances, MSHA, 4015 Wilson

Boulevard, Arlington, VA 22203-1984. She can be reached at

[email protected] (Internet E-mail), 703-235-1910 (Voice), or 703-235-

5551 (Fax).

SUPPLEMENTARY INFORMATION:

I. Background

On October 29, 1998, (63 FR 58104), MSHA published a proposed rule

that would establish new health standards for underground metal and

nonmetal mines that use equipment powered by diesel engines.

The proposed rule is designed to reduce the risks to underground

metal and nonmetal 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 metal and nonmetal mines would

establish a concentration limit for dpm, and require mine operators to

use engineering and work practice controls to reduce dpm to that limit.

Underground metal and nonmetal mine operators would also be required to

implement certain ``best practice'' work controls similar to those

already required of underground coal mine operators under MSHA's 1996

diesel equipment rule. Additionally, operators would be required to

train miners about the hazards of dpm exposure.

The comment period on the proposed rule was scheduled to close on

February 26, 1999. However, in response to requests from the public for

additional time to prepare their comments, and with additional data

added to the rulemaking record by MSHA, the Agency extended the public

comment period until April 30, 1999 (64 FR 7144).

The Agency welcomes your comments on the significance of the

material already in the record, and any information that can supplement

the record. For example, we welcome comments on: Additional information

on existing and projected exposures to dpm and to other fine

particulates in various mining environments; the health risks

associated with exposure to dpm; on the costs to miners, their families

and their employers of the various health problems linked to dpm

exposure; or additional benefits to be expected from reducing dpm

exposure.

The rulemaking record will remain open until July 26, 1999.

II. Public Hearings

MSHA will hold pubic hearings to receive additional public comments

on the proposed rule addressing diesel particulate matter exposure of

underground metal and nonmetal miners.

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. MSHA will make available copies of the

hearing transcripts 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.

III. Rulemaking Record

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

rulemaking record will remain open until July 26, 1999. This provides

nine months from publication for the public to comment on this proposed

rule.

Dated: March 8, 1999.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

[FR Doc. 99-7139 Filed 3-23-99; 8:45 am]

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