[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Proposed Rules]
[Pages 7144-7145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3474]


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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

[[Page 7145]]

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: [email protected]. 
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