MSHA Proposed Rule
Diesel Particulate Matter Exposure of Underground Coal Miners [10/19/1998]
[PDF Version]
Volume 63, Number 201, Page 55811-55812
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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.
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]
BILLING CODE 4510-43-P
