MSHA Proposed Rule
Diesel Particulate Matter Exposure of Underground Coal Miners [08/05/1998]
[PDF Version]
Volume 63, Number 150, Page 41755-41756
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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:
comments@msha.gov. 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]
BILLING CODE 4510-43-P
