[Federal Register Volume 64, Number 56 (Wednesday, March 24, 1999)]
[Proposed Rules]
[Pages 14200-14201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7139]
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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.
[[Page 14201]]
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
cjones@msha.gov (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]
BILLING CODE 4510-43-P
