[Federal Register Volume 63, Number 201 (Monday, October 19, 1998)]
[Proposed Rules]
[Pages 55811-55812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27976]


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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]
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