83_FR_12962 83 FR 12904 - Exposure of Underground Miners to Diesel Exhaust

83 FR 12904 - Exposure of Underground Miners to Diesel Exhaust

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 58 (March 26, 2018)

Page Range12904-12905
FR Document2018-05978

In response to requests from the public, the Mine Safety and Health Administration (MSHA) is reopening the rulemaking record for public comments on the Agency's request for information on Exposure of Underground Miners to Diesel Exhaust.

Federal Register, Volume 83 Issue 58 (Monday, March 26, 2018) 
[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Proposed Rules]
[Pages 12904-12905]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05978]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 57, 70, 72, and 75

[Docket No. MSHA-2014-0031]
RIN 1219-AB86


Exposure of Underground Miners to Diesel Exhaust

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Request for information; reopening of the rulemaking record for 
public comments.

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SUMMARY: In response to requests from the public, the Mine Safety and 
Health Administration (MSHA) is reopening the rulemaking record for 
public comments on the Agency's request for information on Exposure of 
Underground Miners to Diesel Exhaust.

DATES: The comment period for the request for information, published on 
June 8, 2016 (81 FR 36826), which closed on January 9, 2018 (82 FR 
2284), is reopened. Comments must be received on or before midnight 
Eastern Standard Time on March 26, 2019.

ADDRESSES: Submit comments and informational materials for the 
rulemaking record, identified by RIN 1219-AB86 or Docket No. MSHA-2014-
0031, by one of the following methods:
     Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Email: [email protected].
     Mail: MSHA, Office of Standards, Regulations, and 
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 
22202-5452.
     Hand Delivery or Courier: 201 12th Street South, Suite 
4E401, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday 
through Friday, except Federal holidays. Sign in at the receptionist's 
desk on the 4th floor East, Suite 4E401.
     Fax: 202-693-9441.
    Instructions: All submissions must include ``RIN 1219-AB86'' or 
``Docket No. MSHA-2014-0031.'' Do not include personal information that 
you do not want publicly disclosed; MSHA will post all comments without 
change to http://www.regulations.gov and http://arlweb.msha.gov/currentcomments.asp, including any personal information provided.
    Docket: For access to the docket to read comments received, go to 
http://www.regulations.gov or http://arlweb.msha.gov/currentcomments.asp. To read background documents, go to http://www.regulations.gov. Review the docket in person at MSHA, Office of 
Standards, Regulations, and Variances, 201 12th Street South, 
Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday through 
Friday, except Federal Holidays. Sign in at the receptionist's desk in 
Suite 4E401.
    Email Notification: To subscribe to receive an email notification 
when MSHA publishes rules in the Federal Register, go to http://www.msha.gov/subscriptions.

[[Page 12905]]


FOR FURTHER INFORMATION CONTACT: Sheila A. McConnell, Director, Office 
of Standards, Regulations, and Variances, MSHA, at 
[email protected] (email), 202-693-9440 (voice); or 202-693-
9441 (facsimile). These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: On June 8, 2016 (81 FR 36826), MSHA 
published a request for information (RFI) on Exposure of Underground 
Miners to Diesel Exhaust. The RFI sought input from the public that 
will help MSHA evaluate the Agency's existing standards and policy 
guidance on controlling miners' exposures to diesel exhaust and to 
evaluate the effectiveness of the protections now in place to preserve 
miners' health.
    MSHA held four public meetings on the RFI in 2016 (81 FR 41486), 
and the comment period was scheduled to close on September 6, 2016; 
however, in response to requests from the public, MSHA extended the 
comment period until November 30, 2016 (81 FR 58424).
    Also in response to requests from stakeholders during the comment 
period, MSHA and the National Institute for Occupational Safety and 
Health convened a Diesel Exhaust Health Effects Partnership 
(Partnership) with the mining industry, diesel engine manufacturers, 
academia, and representatives of organized labor to gather information 
regarding the complex questions contained in the RFI. The Partnership 
provides an opportunity for all relevant stakeholders from the mining 
community to come together to understand the health effects from 
underground miners' exposure to diesel exhaust. The Partnership also 
provides stakeholders an opportunity to consider best practices and new 
technologies, including engineering controls that enhance control of 
diesel exhaust exposures to improve protections for miners.
    The first meeting of the Partnership was held on December 8, 2016, 
in Washington, Pennsylvania; and the second meeting was held on 
September 19, 2017, in Triadelphia, West Virginia. During the comment 
period and at the first Partnership meeting, MSHA received requests 
from stakeholders to reopen the rulemaking record for comment on the 
RFI and allow the comment period to remain open during the Partnership 
proceedings. In response to those requests, MSHA reopened the record 
for comment and extended the comment period for one year, until January 
9, 2018 (82 FR 2284).
    However, since the close of the RFI rulemaking record, MSHA 
received additional stakeholder requests to reopen the record and 
further extend the comment period on the RFI during the Partnership 
proceedings. In response, MSHA is reopening the record and extending 
the comment period to March 26, 2019. The reopening of the rulemaking 
record for public comments will allow all interested parties an 
additional opportunity to re-evaluate all issues related to miners' 
exposure to diesel exhaust and to determine if improvements can be 
made.

David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2018-05978 Filed 3-23-18; 8:45 am]
BILLING CODE 4520-43-P

12904 Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Proposed Rules premium cigars compared to other 1143.5(a)(1)). Comment on whether any ACTION: Request for information; tobacco products, including other additional or alternative warning reopening of the rulemaking record for cigars. statements would be appropriate and public comments. 2. Studies or information regarding provide your suggested language and nicotine concentrations for premium any relevant studies or information. SUMMARY: In response to requests from cigars compared to other tobacco a. WARNING: Cigar smoking can the public, the Mine Safety and Health products, including other cigars. cause cancers of the mouth and throat, Administration (MSHA) is reopening 3. Studies or information regarding even if you do not inhale. the rulemaking record for public the risk of oral cancer, esophageal b. WARNING: Cigar smoking can comments on the Agency’s request for cancer, laryngeal cancer, lung cancer, or cause lung cancer and heart disease. information on Exposure of any other form of cancer associated with c. WARNING: Cigars are not a safe Underground Miners to Diesel Exhaust. premium cigars, especially compared alternative to cigarettes. DATES: The comment period for the and contrasted with risks for other d. WARNING: Tobacco smoke request for information, published on cigars. increases the risk of lung cancer and June 8, 2016 (81 FR 36826), which 4. Studies or information regarding heart disease, even in nonsmokers. closed on January 9, 2018 (82 FR 2284), the risk of heart disease associated with e. WARNING: Cigar use while is reopened. Comments must be premium cigars, especially compared pregnant can harm you and your baby; received on or before midnight Eastern and contrasted with risks for other or SURGEON GENERAL WARNING: Standard Time on March 26, 2019. cigars. Tobacco Use Increases the Risk of ADDRESSES: Submit comments and 5. Studies or information regarding Infertility, Stillbirth and Low Birth informational materials for the the risk of aortic aneurysm associated Weight. rulemaking record, identified by RIN with premium cigars, especially f. WARNING: This product contains 1219–AB86 or Docket No. MSHA–2014– compared and contrasted with risks for nicotine. Nicotine is an addictive 0031, by one of the following methods: other cigars. chemical. • Federal E-Rulemaking Portal: 6. Studies or information regarding http://www.regulations.gov. Follow the the risk of periodontal disease III. Reference on-line instructions for submitting associated with premium cigars, The following reference is on display comments. especially compared and contrasted in the Dockets Management Staff (see • Email: zzMSHA-comments@ with risks for other cigars. ADDRESSES) and is available for viewing dol.gov. 7. Studies or information regarding by interested persons between 9 a.m. • Mail: MSHA, Office of Standards, the risk of stroke associated with and 4 p.m., Monday through Friday; it Regulations, and Variances, 201 12th premium cigars, especially compared is also available electronically at https:// Street South, Suite 4E401, Arlington, and contrasted with risks for other www.regulations.gov. FDA has verified Virginia 22202–5452. cigars. the website address, as of the date this • Hand Delivery or Courier: 201 12th 8. Studies or information regarding document publishes in the Federal Street South, Suite 4E401, Arlington, the risk of chronic obstructive Register, but websites are subject to Virginia, between 9:00 a.m. and 5:00 pulmonary disease associated with change over time. p.m. Monday through Friday, except premium cigars, especially compared Federal holidays. Sign in at the and contrasted with risks for other 1. Corey, C.G., E. Holder-Hayes, A.B. Nguyen, receptionist’s desk on the 4th floor East, et al. ‘‘U.S. Adult Cigar Smoking cigars. Suite 4E401. Patterns, Purchasing Behaviors, and 9. Studies or information regarding • Fax: 202–693–9441. Reasons for Use According to Cigar risk of cancers of the mouth and throat Type: Findings From the Population Instructions: All submissions must for premium cigar users who do not Assessment of Tobacco and Health include ‘‘RIN 1219–AB86’’ or ‘‘Docket inhale or who report that they do not (PATH) Study, 2013–2014’’, Nicotine & No. MSHA–2014–0031.’’ Do not include inhale, especially compared and Tobacco Research, September 15, 2017, personal information that you do not contrasted with risks for other cigars. available at https://academic.oup.com/ want publicly disclosed; MSHA will 10. Studies or information on the ntr/article/4159211/U-S-adult-cigar- post all comments without change to impact of premium cigar use on other smoking-patterns-purchasing. http://www.regulations.gov and http:// public health endpoints, including users Dated: March 21, 2018. arlweb.msha.gov/currentcomments.asp, and non-users, especially compared and Leslie Kux, including any personal information contrasted with the impact of other Associate Commissioner for Policy. provided. cigars. Docket: For access to the docket to [FR Doc. 2018–06047 Filed 3–23–18; 8:45 am] 11. Studies or information regarding read comments received, go to http:// BILLING CODE 4164–01–P the addictiveness of premium cigars. www.regulations.gov or http:// 12. Studies or information regarding arlweb.msha.gov/currentcomments.asp. consumer perceptions of the health risks To read background documents, go to of premium cigars when compared to DEPARTMENT OF LABOR http://www.regulations.gov. Review the other tobacco products, including other docket in person at MSHA, Office of Mine Safety and Health Administration Standards, Regulations, and Variances, cigars. 13. Studies or information regarding 201 12th Street South, Arlington, consumer perceptions of the 30 CFR Parts 57, 70, 72, and 75 Virginia, between 9:00 a.m. and 5:00 sradovich on DSK3GMQ082PROD with PROPOSALS addictiveness of premium cigars, [Docket No. MSHA–2014–0031] p.m. Monday through Friday, except especially compared and contrasted Federal Holidays. Sign in at the RIN 1219–AB86 with perceptions for other cigars. receptionist’s desk in Suite 4E401. 14. Studies or information on the Exposure of Underground Miners to Email Notification: To subscribe to required warning statements, shown Diesel Exhaust receive an email notification when below and which will be required to MSHA publishes rules in the Federal appear on cigar packaging and AGENCY:Mine Safety and Health Register, go to http://www.msha.gov/ advertising in the near future (21 CFR Administration, Labor. subscriptions. VerDate Sep<11>2014 18:14 Mar 23, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\26MRP1.SGM 26MRP1

Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Proposed Rules 12905 FOR FURTHER INFORMATION CONTACT: reopen the record and further extend the Regulations.gov. For either manner of Sheila A. McConnell, Director, Office of comment period on the RFI during the submission, the EPA may publish any Standards, Regulations, and Variances, Partnership proceedings. In response, comment received to its public docket. MSHA, at mcconnell.sheila.a@dol.gov MSHA is reopening the record and Do not submit electronically any (email), 202–693–9440 (voice); or 202– extending the comment period to March information you consider to be 693–9441 (facsimile). These are not toll- 26, 2019. The reopening of the Confidential Business Information (CBI) free numbers. rulemaking record for public comments or other information whose disclosure is SUPPLEMENTARY INFORMATION: On June 8, will allow all interested parties an restricted by statute. Multimedia 2016 (81 FR 36826), MSHA published a additional opportunity to re-evaluate all submissions (audio, video, etc.) must be request for information (RFI) on issues related to miners’ exposure to accompanied by a written comment. Exposure of Underground Miners to diesel exhaust and to determine if The written comment is considered the Diesel Exhaust. The RFI sought input improvements can be made. official comment and should include from the public that will help MSHA discussion of all points you wish to David G. Zatezalo, evaluate the Agency’s existing standards make. The EPA will generally not Assistant Secretary of Labor for Mine Safety and policy guidance on controlling consider comments or comment and Health. miners’ exposures to diesel exhaust and contents located outside of the primary [FR Doc. 2018–05978 Filed 3–23–18; 8:45 am] to evaluate the effectiveness of the submission (i.e. on the web, cloud, or BILLING CODE 4520–43–P protections now in place to preserve other file sharing system). For miners’ health. additional submission methods, please MSHA held four public meetings on contact the person identified in the FOR the RFI in 2016 (81 FR 41486), and the ENVIRONMENTAL PROTECTION FURTHER INFORMATION CONTACT section. comment period was scheduled to close AGENCY For the full EPA public comment policy, on September 6, 2016; however, in information about CBI or multimedia 40 CFR Part 52 response to requests from the public, submissions, and general guidance on MSHA extended the comment period [EPA–R01–OAR–2017–0117; FRL–9975–53- making effective comments, please visit until November 30, 2016 (81 FR 58424). Region 1] www.epa.gov/dockets/commenting-epa- Also in response to requests from dockets. Approval and Promulgation of Air Publicly available docket materials stakeholders during the comment Quality Implementation Plans; Maine; are available either electronically in period, MSHA and the National Infrastructure State Implementation https://www.regulations.gov or at the Institute for Occupational Safety and Plan Requirements U.S. Environmental Protection Agency, Health convened a Diesel Exhaust Health Effects Partnership (Partnership) AGENCY: Environmental Protection Region 1, Air Programs Branch, 5 Post with the mining industry, diesel engine Agency (EPA). Office Square, Boston, Massachusetts. manufacturers, academia, and ACTION: Proposed rule. This facility is open from 8:30 a.m. to representatives of organized labor to 4:30 p.m., Monday through Friday, gather information regarding the SUMMARY: The Environmental Protection excluding Federal holidays. The complex questions contained in the RFI. Agency (EPA) is proposing to approve interested persons wanting to examine The Partnership provides an elements of State Implementation Plan these documents should make an opportunity for all relevant stakeholders (SIP) submissions from Maine regarding appointment with the office at least 24 from the mining community to come the infrastructure requirements of the hours in advance. together to understand the health effects Clean Air Act (CAA or Act) for the 2008 FOR FURTHER INFORMATION CONTACT: from underground miners’ exposure to lead (Pb), 2008 ozone, and 2010 Richard P. Burkhart, Air Quality diesel exhaust. The Partnership also nitrogen dioxide (NO2) National Planning Unit, Air Programs Branch provides stakeholders an opportunity to Ambient Air Quality Standards (Mail Code OEP05–02), U.S. consider best practices and new (NAAQS). EPA is also proposing to Environmental Protection Agency, technologies, including engineering conditionally approve one element of Region 1, 5 Post Office Square, Suite controls that enhance control of diesel Maine’s infrastructure SIP. Finally, EPA 100, Boston, Massachusetts, 02109– exhaust exposures to improve is proposing to approve several statutes 3912; (617) 918–1664; protections for miners. submitted by Maine in support of its burkhart.richard@epa.gov. The first meeting of the Partnership demonstrations that the infrastructure SUPPLEMENTARY INFORMATION: was held on December 8, 2016, in requirements of the CAA have been met. Throughout this document whenever Washington, Pennsylvania; and the The infrastructure requirements are ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean second meeting was held on September designed to ensure that the structural EPA. This supplementary information 19, 2017, in Triadelphia, West Virginia. components of each state’s air quality section is arranged as follows: During the comment period and at the management program are adequate to meet the state’s responsibilities under I. What should I consider as I prepare my first Partnership meeting, MSHA comments for EPA? received requests from stakeholders to the CAA. II. What is the background of these SIP reopen the rulemaking record for DATES: Comments must be received on submissions? comment on the RFI and allow the or before April 25, 2018. A. Which Maine SIP submissions does this comment period to remain open during ADDRESSES: Submit your comments, rulemaking address? sradovich on DSK3GMQ082PROD with PROPOSALS the Partnership proceedings. In identified by Docket ID No. EPA–R01– B. Why did the state make these SIP response to those requests, MSHA OAR–2017–0117 at https:// submissions? reopened the record for comment and www.regulations.gov, or via email to C. What is the scope of this rulemaking? III. What guidance is EPA using to evaluate extended the comment period for one conroy.dave@epa.gov. For comments these SIP submissions? year, until January 9, 2018 (82 FR 2284). submitted at Regulations.gov, follow the IV. What is the result of EPA’s review of However, since the close of the RFI online instructions for submitting these SIP submissions? rulemaking record, MSHA received comments. Once submitted, comments A. Section 110(a)(2)(A)—Emission Limits additional stakeholder requests to cannot be edited or removed from and Other Control Measures VerDate Sep<11>2014 18:14 Mar 23, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\26MRP1.SGM 26MRP1


Document Created: 2018-03-24 00:59:59
Document Modified: 2018-03-24 00:59:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for information; reopening of the rulemaking record for public comments.
DatesThe comment period for the request for information, published on June 8, 2016 (81 FR 36826), which closed on January 9, 2018 (82 FR 2284), is reopened. Comments must be received on or before midnight Eastern Standard Time on March 26, 2019.
ContactSheila A. McConnell, Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email), 202-693-9440 (voice); or 202-693- 9441 (facsimile). These are not toll-free numbers.
FR Citation83 FR 12904 
RIN Number1219-AB86
CFR Citation30 CFR 57
30 CFR 70
30 CFR 72
30 CFR 75
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