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Statement of Need: MSHA's experience under its current standards for occupational exposure to hazardous noise levels indicates that current standards do not provide the protection intended. Many miners are exposed to noise levels that are near the maximum currently permitted by MSHA regulations. Notwithstanding MSHA's enforcement of existing noise standards, miners continue to suffer hearing impairment. This proposed rule will consider establishing a lower action level for requiring hearing protection and will address methods for controlling exposure. The proposed rule also will consider requiring hearing conservation programs to determine the effectiveness of control measures in reducing the amount of hearing damage in exposed miners. ^PIn addition, MSHA's current noise standards for coal mines differ from those for metal and nonmetal mines. MSHA's proposed rule would provide consistent requirements for all mines.

Alternatives: MSHA published an advance notice of proposed rulemaking which requested industry comments and data on a number of issues. Based upon its own research and experience, and data and information submitted to the record, MSHA is considering numerous alternatives on a wide variety of complex issues. For example, MSHA is considering (a) the respective roles of personal hearing protection and engineering controls in controlling miners' exposures; (b) lowering the permissible exposure level; and (c) whether or not to require a hearing conservation program, including audiometric testing, exposure monitoring, and miner training. This proposed rule will be derived from MSHA's deliberations and decisions on these issues and alternatives.

Anticipated Costs and Benefits: Depending on the form of the rule, MSHA expects costs could be incurred for engineering controls, personal hearing protection, exposure monitoring, audiometric testing, training, and recordkeeping. The major benefit of implementing the protection sought would be an average annual reduction of several hundred cases of hearing impairment from occupational noise exposure in mining, assuming that existing exposure levels and the number of miners remained constant and that miners were exposed for 20 years at these levels. The scope and nature of the proposed rule is currently under development and, thus, estimates of costs and benefits are preliminary.

Risks: Noise is a serious occupational hazard in the mining industry. Occupational exposure to loud noises results in hearing loss and hearing impairment, which affects both quality of life and functional capacity. The Agency believes that the health evidence forms a reasonable basis for proposing revisions to MSHA's existing noise standards. In addition, cases of hearing loss reported to MSHA indicate that a significant number of these miners received all of their noise exposure under existing standards.