60674 Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Proposed Rules

of whether the individual is currently

working as a miner.’’ The PIB was

distributed to the entire mining

community including every coal, metal,

and nonmetal mine operator in the

United States, as well as to key officials

of trade and labor associations in the

mining community. The text of the PIB

is included as Appendix I of this notice.

A list of the individuals to whom the

PIB was distributed can be obtained

from the Agency.

The 1987 PIB was never formally

withdrawn, but neither was it

incorporated into MSHA’s Program

Policy Manual, which was first issued

in 1988. This may have caused

confusion among some mine operators

and even certain MSHA personnel about

the responsibility to report cases of

occupational illness in retired or

otherwise inactive miners. This PPL

will eliminate any ambiguity about the

reporting requirements under part 50.

Beginning on the effective date of the

PPL, MSHA will observe a grace period

of 90 days to allow for unreported cases

of occupational illness in retired or

inactive miners from the previous 5

years to be submitted to MSHA in

accordance with 30 CFR part 50 without

penalty. This grace period will be

announced at the time the PPL is issued.

MSHA is issuing this PPL to restate its

occupational illness reporting

requirements. The purpose of the PPL is

to eliminate possible confusion about

the reporting requirements as they apply

to occupational illnesses among miners,

including retired or inactive miners.

MSHA requests written comments

regarding the PPL from interested

persons.

Draft Program Policy Letter

Subject: Reporting Occupational Illness

Scope: This Program Policy Letter

(PPL) applies to mine operators,

including independent contractors, and

Mine Safety and Health Administration

(MSHA) enforcement personnel.

Purpose: This PPL clarifies and

restates MSHA’s requirements for

reporting occupational illnesses,

including cases involving retired or

inactive miners, under 30 CFR Part 50.

Policy: Under 30 CFR 50.20(a), mine

operators and independent contractors

are required to submit a report to MSHA

when they are notified of a diagnosis or

otherwise learn that a miner has an

illness which may have resulted from

work in a mine, or for which an award

of compensation has been made. These

reporting requirements apply regardless

of the employment status of the miner

(i.e., active, retired, otherwise off-work,

or deceased) at the time of the diagnosis

or award. Within 10 working days of

becoming aware of such a compensation

award or diagnosis, the operator is

required to report the occurrence by

completing and mailing a Form 7000–1

to MSHA. An intent to contest the

award or diagnosis does not relieve the

mine operator of the responsibility to

file the required report within 10

working days. (The limited exception is

that an operator need not report to

MSHA within 10 working days any

chest x-ray result for which the operator

is actively seeking a more definitive

second opinion in a timely manner and

has supporting documentation, as stated

in Program Policy Manual Vol. III, 50.2.)

Effective Date: After considering

comments from the public, MSHA

anticipates that this PPL will take effect

on March 12, 1998 and will be

incorporated into MSHA’s Program

Policy Manual.

Authority: Section 103(h) of the Federal

Mine Safety and Health Act of 1977.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

Appendix I

[Note: This is the text of the Program

Information Bulletin that was widely

distributed to the mining community in

1987. No changes have been made to the text.

It is reprinted here solely for the convenience

of miners, mine operators, and independent

contractors.]

August 31, 1987

MSHA Program Information Bulletin No. 87–

4C and 87–2M

Subject: Reporting Occupational Illnesses to

MSHA

The purpose of this Bulletin is to clarify

operator compliance responsibilities for

reporting occupational illnesses under the

Federal Mine Safety and Health Act of 1977.

Title 30, Code of Federal Regulations, Part

50 requires mine operators to report

occupational illnesses of miners. A miner is

defined as ‘‘any individual working in a

mine,’’ and occupational illness is defined as

‘‘an illness or disease which may have

resulted from work at a mine or for which an

award of compensation is made.’’ Illnesses

that are reportable include noise-induced

hearing loss, silicosis, coal workers’

pneumoconiosis (black lung), poisoning by

toxic materials, and cancer. Part 50 further

requires that the operator mail a completed

Form 7000–1 to the Mine Safety and Health

Administration (MSHA) within 10 working

days after a miner is diagnosed as having an

occupational illness.

Industry reporting activity for occupational

illnesses suggests there is operator

uncertainty about the relationship between

Part 50 reporting obligations and the

information provided to the operator through

Federal and State occupational illness

compensation programs.

In order to ensure that data reported by

mine operators reflects the incidence of

occupational illnesses associated with the

mining industry, the reporting requirements

of Part 50 apply when compensation

programs provide an operator notice that an

individual has been awarded compensation

for or is diagnosed as having an occupational

illness resulting from employment in a mine,

regardless of whether the individual is

currently working as a miner. Thus, within

10 days of becoming aware of any such

compensation award or diagnosis, the

operator must report the occurrence by

completing and mailing a Form 7000–1 to

MSHA.

Accordingly, effective 30 days after the

issuance date of this Bulletin, MSHA will

require that operators report occupational

illnesses consistent with the Part 50

regulations and the clarification provided by

this bulletin. MSHA’s district and subdistrict

offices will be pleased to provide additional

guidance or assistance regarding the

reporting of occupational illnesses and the

proper completion of the Form 7000–1.

Roy. L Bernard,

Administrator, Metal and Nonmetal Mine

Safety and Health.

Jerry L. Spicer,

Administrator, Coal Mine Safety and Health.

Inquiries

William H. Sutherland, Chief, Division of

Health, Coal Mine Safety and Health, (703)

235–1358

Marvin W. Nichols, Jr., Chief, Division of

Health, Metal and Nonmetal Mine Safety

and Health, (703) 235–8307

Distribution

All Mine Operators, Coal and Metal and

Nonmetal Coal District Managers, Mine

Safety and Health Metal and Nonmetal

District Managers, Mine Safety and Health

Principal Officials, Headquarters

Superintendent, National Academy

[FR Doc. 97–29635 Filed 11–10–97; 8:45 am]

BILLING CODE 4510–43–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–5919–7]

RIN 2060–AE–81

National Emission Standards for

Hazardous Air Pollutants for Polyether

Polyols Production

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; Reopening of

public comment period.

SUMMARY: The EPA is announcing a 30-

day reopening of the public comment

period for the proposed ‘‘National

Emission Standards for Hazardous Air

Pollutants for Polyether Polyols

Production.’’ As initially published in

the Federal Register on September 4,
Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Proposed Rules 60675

1997 (62 FR 46804), written comments

on the proposed rule were to be

submitted to the EPA on or before

November 3, 1997 (a 60-day public

comment period). The public comment

period is being reopened for 30 days

and will now end on December 3, 1997.

DATES: Comments must be received on

or before December 3, 1997.

ADDRESSES: Comments should be

submitted (in duplicate, if possible) to

the Air and Radiation Docket and

Information Center (6102), Attention:

Docket No. A–96–38, U.S.

Environmental Protection Agency, 401

M Street S.W., Washington, DC 20460.

The EPA requests that a separate copy

also be sent to the contact person listed

under the FOR FURTHER INFORMATION

CONTACT section. Comments and data

may also be submitted electronically by

following the instructions provided in

the SUPPLEMENTARY INFORMATION section.

No Confidential Business Information

(CBI) should be submitted through

electronic mail.

FOR FURTHER INFORMATION CONTACT: Mr.

David Svendsgaard; Organic Chemicals

Group, Emission Standards Division

(MD–13), U.S. Environmental Protection

Agency, Research Triangle Park, North

Carolina 27711, telephone number (919)

541–2380.

SUPPLEMENTARY INFORMATION: Electronic

Filing. Electronic comments can be sent

directly to the EPA at: a-and-rdocket@epamail.epa.gov. Electronic

comments and data must be submitted

as an ASCII file avoiding the use of

special characters and any form of

encryption. Comments and data will

also be accepted on disks in

WordPerfect 5.1 or 6.1 file format or

ASCII file format. All comments and

data in electronic form must be

identified by the docket number A–96–

38. Electronic comments may be filed

online at many Federal Depository

Libraries.

Discussion

On September 4, 1997, at 62 FR

46804, the EPA published the proposed

National Emission Standards for

Hazardous Air Pollutants for Polyether

Polyols Production and provided a 60-

day public comment period. Requests

have been received to extend the public

comment period beyond the 60 days

originally provided. These requests have

been made by businesses that will be

affected by the rule. In consideration of

these requests, the EPA is reopening the

comment period by 30 days (until

December 3, 1997), in order to give all

interested persons the opportunity to

comment fully.

Dated: November 3, 1997.

Richard D. Wilson,

Acting Assistant Administrator for Air and

Radiation.

[FR Doc. 97–29735 Filed 11–10–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 79

[FRL–5919–5]

Proposed Alternative Tier 2

Requirements for Baseline Gasoline

and Oxygenated Gasoline Categories

of Methyl Tertiary Butyl Ether, Ethyl

Alcohol, and Other Oxygenates

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule; extension of

comment period.

SUMMARY: The purpose of this document

is to announce that the Environmental

Protection Agency (EPA) is extending

the comment periods, which published

on September 9, 1997 (62 FR 47400), on

the proposed Alternative Tier 2 testing

requirements under the fuel and fuel

additive (F/FAs) registration testing

requirements of 40 CFR part 79, subpart

F an additional 60 days.

EPA has extended the comment

periods for the following reasons. First,

the API 211(b) Research Group has

requested an extension because there

are many inherent complexities in the

proposed testing, especially in regard to

the required exposure work. Second, the

public has shown an interest in the

testing being required under the

proposed Alternative Tier 2 notification.

DATES: Comments on these proposed

Alternative Tier 2 provisions must be

received from the public by January 7,

1998. Comments on the proposed

Alternative Tier 2 provisions now must

be received from the API 211(b)

Research Group within 120 days of their

initial receipt of the proposed testing

regimen.

ADDRESSES: Written comments on this

proposed action should be addressed to

Public Docket No. A–96–16, Waterside

Mall (Room M–1500), Environmental

Protection Agency, Air Docket Section,

401 M Street, S.W., Washington, D.C.

20460. Materials relevant to this

rulemaking have been placed in Docket

A–96–16. Documents may be inspected

between the hours of 8:00 a.m. to 5:30

p.m., Monday through Friday. A

reasonable fee may be charged for

copying docket material.

FOR FURTHER INFORMATION CONTACT: John

Brophy, Environmental Scientist, U.S.

Environmental Protection Agency,

Office of Air and Radiation, (202) 233–

9068.

SUPPLEMENTARY INFORMATION:

Regulated Entities

Entities potentially regulated by this

action are those that manufacture

gasoline with or without the fuel

additives MTBE, ethyl tertiary butyl

ether (ETBE), ethyl alcohol (EtOH),

tertiary amyl methyl ether (TAME),

diisopropyl ether (DIPE), and tertiary

butyl alcohol (TBA) and manufacturers

of these oxygenates and other gasoline

additives. Regulated categories and

entities include:

Category Examples of regulated entities

Industry ...................... Oil refiners, gasoline

importers, oxygenate blenders, oxygenate and fuel additive manufacturers.

This table is not intended to be

exhaustive, but, rather illustrates the

types of entities that EPA is currently

aware of that are likely to be regulated

by this action. Other types of entities

not listed in this table could also be

regulated. To determine whether an

entity not described by the examples

listed in the table is subject to these

requirements, refer to the applicability

criteria in part 79 of title 40 of the Code

of Federal Regulations. If questions

remain regarding the applicability of

this action to a particular entity, consult

the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section.

This document serves as a notice to

all manufacturers of the subject F/FAs,

that are not exempted from these

requirements section.

EPA has extended the comment

periods for the following reasons. First,

the API 211(b) Research Group has

requested an extension because there

are many inherent complexities in the

proposed testing, especially in regard to

the required exposure work. Second, the

public has shown an interest in the

testing being required under the

proposed Alternative Tier 2 notification.

Therefore, EPA has decided to extend

the comment periods for both the the

API 211(b) Research Group and for the

public in order to assure that all

commenters are able to fully review and

comment on the proposed testing

regimen.

The Agency notified the API 211(b)

Research Group, by certified letter of the

60-day extension and a copy of this

extension letter as well as the