MSHA Proposed Rule
Diesel Particulate Matter Exposure of Underground Coal and Metal and Nonmetal Miners [02/12/1999]
[PDF Version]
Volume 64, Number 29, Page 7144-7145
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 57, 72 and 75
RIN 1219-AA74; 1219-AB11
Diesel Particulate Matter Exposure of Underground Coal and Metal
and Nonmetal Miners
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rules; extension of comment periods; availability of
studies; notice of hearings; close of record.
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SUMMARY: The Mine Safety and Health Administration (MSHA) is announcing
the extension of the public comment periods on its proposed rules
addressing diesel particulate matter exposure of underground coal
miners as published in the Federal Register on April 9, 1998, and for
underground metal and nonmetal miners published on October 29, 1998.
This document also announces the availability of three additional
studies applicable to both rulemakings addressing diesel particulate
matter exposure of underground coal and underground metal and nonmetal
miners. These studies supplement the evidence in both rulemaking
records regarding the risks to underground miners of serious health
hazards
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associated with exposure to high concentrations of diesel particulate
matter. The Agency, therefore, intends to include these studies in both
rulemaking records and make them available to interested parties upon
request. These studies do not change the Agency's proposed findings.
The Agency is also announcing that it will hold public hearings on
its proposed rule addressing diesel particulate matter exposure in
underground metal and nonmetal mines in the following locations: Salt
Lake City, Utah; Albuquerque, New Mexico; St. Louis, Missouri; and
Knoxville, Tennessee.
DATES: Written comments on the three studies and on both proposed rules
must be submitted on or before April 30, 1999.
The hearing dates, times and specific locations will be announced
by a separate notice in the Federal Register. The rulemaking record for
the metal and nonmetal proposed rule will remain open 60 days after the
last public hearing.
ADDRESSES: Copies of the three studies are available to interested
members of the public and may be obtained from the Office of Standards,
Regulations and Variances, 703-235-1910.
Comments on the proposed rules 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.
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: Carol J. Jones, Acting Director;
Office of Standards, Regulations, and Variances; MSHA; 703-235-1910.
SUPPLEMENTARY INFORMATION: On April 9, 1998 (63 FR 17492) and October
29, 1998 (63 FR 58104), MSHA published proposed rules to reduce the
risks to underground coal and metal and nonmetal miners, respectively,
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.
A. Cumulative Evidence
In its proposals, MSHA stated that 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. There is
clear evidence that exposure to high concentrations of dpm can result
in a variety of serious health effects. These health effects include:
(1) Sensory irritations and respiratory symptoms serious enough to
distract or disable miners; (2) death from cardiovascular,
cardiopulmonary, or respiratory causes; and (3) lung cancer.
The Agency has reviewed cumulative evidence to support its findings
that underground miners are at risk from exposure to dpm. MSHA intends
to supplement the rulemaking records with the following studies:
(1) Christie, D.G., et al., ``Mortality in the New South Wales
Coal Industry, 1973-1992,'' Medical Journal of Australia, 163(1):19-
21, July 3, 1995.
(2) Johnston, A.M., et al., ``Investigation of the Possible
Association Between Exposure to Diesel Exhaust Particulates in
British Coal Mines and Lung Cancer,'' Institute of Occupational
Medicine (IOM), Report TM/97/08, (Edinburgh, Scotland), November
1997.
(3) Steenland, Kyle, et al., ``Diesel Exhaust and Lung Cancer in
the Trucking Industry: Exposure-Response Analyses and Risk
Assessment,'' American Journal of Industrial Medicine, 34:220-228,
1998.
These studies are available and may be obtained by contacting the
Office of Standards, Regulations and Variances, 703-235-1910.
B. Diesel Particulate Matter Exposure of Underground Coal Miners
The post-hearing comment period for the proposed rule addressing
diesel particulate matter exposure of underground coal miners was
scheduled to close on February 16, 1999 (63 FR 55811). However, in
response to requests from the public to extend the post-hearing comment
period, and in order to give the public an opportunity to comment on
the three studies, the record for the coal proposed rule will remain
open until April 30, 1999. This provides a total of 12 months from date
of publication for the public to comment on the proposed rule.
C. Diesel Particulate Matter Exposure of Underground Metal and
Nonmetal Miners
The comment period for the proposed rule addressing diesel
particulate matter exposure of underground metal and nonmetal miners
was scheduled to close on February 26, 1999 (63 FR 58104). The Agency
has received several requests from the public for additional time to
prepare their comments on the proposed rule. Since the Agency also
intends to supplement the rulemaking record with three new studies, the
public comment period will be extended until April 30, 1999.
MSHA believes that extension of the comment periods for both
rulemakings will provide sufficient time for all interested parties to
review the studies and the proposed rules, and submit comments. All
interested members of the mining community are encouraged to submit
comments prior to April 30, 1999.
D. Public Hearings
MSHA plans to hold public hearings on the proposed rule addressing
diesel particulate matter exposure of underground metal and nonmetal
miners. The hearings will be held in Salt Lake City, Utah; Albuquerque,
New Mexico; St. Louis, Missouri; and Knoxville, Tennessee. The hearing
dates, times, and specific locations will be announced by a separate
document in the Federal Register. The hearings will be held under
Section 101 of the Federal Mine Safety and Health Act of 1977.
Dated: February 9, 1999.
Marvin W. Nichols, Jr.,
Deputy Assistant Secretary
for Mine Safety and Health.
[FR Doc. 99-3474 Filed 2-11-99; 8:45 am]
BILLING CODE 4510-43-U
