[Federal Register: June 9, 2006 (Volume 71, Number 111)]
[Rules and Regulations]
[Page 33387-33388]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn06-4]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 57
RIN 1219-AB29
Diesel Particulate Matter Exposure of Underground Metal and
Nonmetal Miners
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Diesel particulate outreach seminars.
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SUMMARY: The Mine Safety and Health Administration (MSHA) will conduct
three outreach seminars to assist metal and nonmetal underground mine
operators who use diesel-powered equipment in complying with the diesel
particulate matter (DPM) health standards published on May 18, 2006 (71
FR 28924). The seminars will also address requirements for special
extensions of time in which to meet the final limit.
DATES: The seminars will be held June 27, 2006 in Pittsburgh,
Pennsylvania; June 29, 2006 in Louisville, Kentucky; and July 13, 2006
in Reno, Nevada. The seminar in Reno is being held in conjunction with
the National Metal and Nonmetal Mine Rescue Contest at the same
location as the contest.
ADDRESSES: See the location information provided in the SUPPLEMENTARY
INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Acting Director,
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson
Blvd., Room 2350, Arlington, Virginia 22209-3939; 202-693-9440
(telephone); or 202-693-9441 (facsimile).
The final rules on Diesel Particulate Matter Exposure of
Underground Metal and Nonmetal Miners are available on the Internet at
http://www.msha.gov/REGSINFO.HTM.
SUPPLEMENTARY INFORMATION:
I. Seminars
The one-day seminars will provide for an exchange of information
and will address questions about provisions of the May 18, 2006 final
rule regarding the phased-in final limits, new provisions for medical
evaluation of miners required to wear respiratory protection, and
transfer of miners who are medically unable to wear respirators. The
seminars will also address requirements from the June 6, 2005 rule for
special extensions of time to meet the DPM final limit (70 FR 32868).
[[Page 33388]]
A. Attendance
The seminars are open to all interested parties. Metal and nonmetal
mine operators, including contractors, who use diesel-powered equipment
underground, as well as miners who work at those operations, miners'
representatives and diesel powered equipment manufacturers are
encouraged to attend the seminars. Registration to attend the seminars
is not required.
B. Conduct of the Seminars
The seminars will begin each day at 9 a.m. During the morning
session, MSHA will answer questions about requirements of the rule
including compliance determination, the final PELs, applications for
extensions of time in which to meet the final limits, medical
evaluation, and transfer provisions. MSHA will give a PowerPoint
presentation of the final rule provisions, followed by a question and
answer session with the attendees.
The afternoon session will focus on a discussion of control
technology. The purpose of the controls session is to provide the
mining community with technical information on DPM control technologies
that can be used to reduce personal exposures to DPM in underground MNM
mines. The PowerPoint presentations will be made available on MSHA's
Internet site at http://www.msha.gov.
C. Location of Seminars
The seminars will be held on the following dates and at the
locations indicated:
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Date Location Phone
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June 27, 2006................. Pittsburgh Airport (800) 328-9297
Marriott, 777 Aten
Road, Coraopolis, PA
15108.
June 29, 2006................. Executive Inn, 978 (800) 626-2706
Phillips Lane,
Louisville, KY 40213.
July 13, 2006................. Reno Sparks Convention (775) 827-7620
Center, 4590 S
Virginia Street,
Reno, NV 89502-6013.
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The Reno, NV seminar is being held in conjunction with the National
Metal and Nonmetal Mine Rescue Contest and is at the same location as
the contest.
II. Background
In January 2001, MSHA promulgated a final rule addressing DPM
exposure of underground metal and nonmetal miners (66 FR 5706). The
2001 final rule established new health standards for underground metal
and nonmetal mines that use equipment powered by diesel engines. The
rule established an interim concentration limit of 400 micrograms of
total carbon (TC) per cubic meter of air (400TC [mu]g/m\3\)
which became applicable July 20, 2002, and a final concentration limit
of 160 micrograms of total carbon per cubic meter of air
(160TC [mu]g/m\3\) to become applicable after January 19,
2006; (amended on September 19, 2005 (70 FR 55019), to become
applicable May 20, 2006). Industry challenged the rule and organized
labor intervened in the litigation. Settlement negotiations with the
litigants have resulted in other regulatory actions on several
requirements of the rule. On February 27, 2002 (67 FR 9180), MSHA
revised the 2001 final rule to clarify Sec. 57.5060(b)(1) and (b)(2)
regarding maintenance and to add a new paragraph (b)(3) to Sec.
57.5067 regarding the transfer of existing equipment between
underground mines. MSHA published the 2005 final rule on June 6, 2005,
which converted the interim concentration limit measured by TC to a
comparable permissible exposure limit (PEL) measured by elemental
carbon (EC).
The 2006 final rule phases in the DPM final limit of
160TC [mu]g/m\3\ over a two-year period, based on
feasibility. On May 20, 2006, the first phase of the final limit of
308EC [mu]g/m\3\ became effective. On January 20, 2007, the
DPM final limit will be reduced to 350TC [mu]g/m\3\. The
final limit of 160TC [mu]g/m\3\ will become effective on May
20, 2008. Mine operators must continue to use engineering and
administrative controls, supplemented by respiratory protection when
needed, to reduce miners' exposures to the prescribed limits. As with
the interim DPM limit, MSHA will enforce the final limits as
permissible exposure limits (PEL).
This final rule also establishes new requirements for medical
evaluation of miners required to wear respiratory protection, and
transfer of miners who are medically unable to wear a respirator. It
deletes the existing provision that restricts newer mines from applying
for an extension of time in which to meet the final limit.
Dated: June 6, 2006.
Patricia W. Silvey,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. E6-9067 Filed 6-8-06; 8:45 am]
BILLING CODE 4510-43-P