[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Proposed Rules]
[Pages 36826-36828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17326]


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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; corrections.

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SUMMARY: This document corrects errors in the preamble discussions to 
the proposed rule on diesel particulate matter exposure of underground 
coal miners, and the proposed rule on diesel particulate matter 
exposure of underground metal and nonmetal miners. Specifically, this 
document corrects errors in the Diesel Emission Control Estimator 
formula in the proposed Appendix to Part V of both preambles; and 
corrects certain titles in proposed Figures V-1 through V-5 of

[[Page 36827]]

the metal and nonmetal preamble, and proposed Figure V-5 of the coal 
preamble.

DATES: Written comments on these clarifications and corrections must be 
submitted on or before July 26, 1999.

ADDRESSES: You may use mail, facsimile (fax), or electronic mail to 
send your comments to MSHA. Clearly identify comments as such and send 
them--
    (1) By mail to Carol J. Jones, Acting Director, Office of 
Standards, Regulations, and Variances, MSHA, 4015 Wilson Boulevard, 
Room 631, Arlington, VA 22203;
    (2) By fax to MSHA, Office of Standards, Regulations, and 
Variances, 703-235-5551; or
    (3) By electronic mail to [email protected].

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), MSHA 
published a proposed rule addressing diesel particulate matter exposure 
of underground coal miners. On October 29, 1998 (63 FR 58104), the 
agency published a proposed rule addressing diesel particulate matter 
exposure of underground metal and nonmetal miners. These proposals seek 
to reduce the risks to underground coal and metal and nonmetal miners, 
respectively, of serious health hazards 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.
    After publication of both proposed rules, MSHA realized that the 
Diesel Emission Control Estimator formula in Appendix to Part V: Diesel 
Emission Control Estimator was incorrect. The formula did not contain 
the unit conversion factors of 60 minutes/hour and 1000 g/mg. 
Also, the formula did not contain the ``Ts'' unit factor, which 
represents the total shift length, hours. However, the spreadsheet 
supplied by MSHA performs the calculations correctly because it 
contains these units.
    This document corrects these errors by including the conversion 
factors, and the ``Ts'' unit in the Diesel Emission Control Estimator 
formula. Additionally, the Agency is taking this opportunity to correct 
certain titles in proposed Figures V-1 through V-5 of the metal and 
nonmetal preamble, and proposed Figure V-5 of the coal preamble. These 
titles are being corrected because the specific units of measurement 
are misstated. Below are these corrections.

I. Corrections to Proposed Rule on Diesel Particulate Matter 
Exposure of Underground Metal and Nonmetal Miners (63 FR 58104)

[Figure V-1]:

    1. On page 58198, Figure V-1, section 1, line 1, ``MEASURED OR 
ESTIMATED IN MINE DP EXPOSURE (g/m3)'' should read ``MEASURED 
OR ESTIMATED DPM CONCENTRATION (g/m\3\)''.
    2. On page 58198, Figure V-1, section 2, line 18, ``AVERAGE TOTAL 
SHIFT PARTICULATE OUTPUT (gm)'' should read ``AVERAGE, TOTAL SHIFT, 
ENGINE EMISSION RATE (gm/hp-hr)''.

[Figure V-2]:

    1. On page 58199, Figure V-2, section 1, line 1, ``MEASURED OR 
ESTIMATED IN MINE DP EXPOSURE (g/m\3\)'' should read 
``MEASURED OR ESTIMATED DPM CONCENTRATION (g/m\3\)''.
    2. On page 58199, Figure V-2, section 2, line 18, ``AVERAGE TOTAL 
SHIFT PARTICULATE OUTPUT (gm)'' should read ``AVERAGE, TOTAL SHIFT, 
ENGINE EMISSION RATE (gm/hp-hr)''.

[Figure V-3]:

    1. On page 58200, Figure V-3, section 1, line 1, ``MEASURED OR 
ESTIMATED IN MINE DP EXPOSURE (g/m3)'' should read ``MEASURED 
OR ESTIMATED DPM CONCENTRATION (g/m\3\)''.
    2. On page 58200, Figure V-3, section 2, line 18, ``AVERAGE TOTAL 
SHIFT PARTICULATE OUTPUT (gm)'' should read ``AVERAGE, TOTAL SHIFT, 
ENGINE EMISSION RATE (gm/hp-hr)''.

[Figure V-4:]

    1. On page 58201, Figure V-4, section 1, line 1, ``MEASURED OR 
ESTIMATED IN MINE DP EXPOSURE (g/m3)'' should read ``MEASURED 
OR ESTIMATED DPM CONCENTRATION (g/m\3\)''.
    2. On page 58201, Figure V-4, section 2, line 21, ``AVERAGE TOTAL 
SHIFT PARTICULATE OUTPUT (gm)'' should read ``AVERAGE, TOTAL SHIFT, 
ENGINE EMISSION RATE (gm/hp-hr)''.

[Figure V-5]:

    1. On page 58205, Figure V-5, section 1, line 1, ``MEASURED OR 
ESTIMATED IN MINE DP EXPOSURE (g/m3)'' should read ``MEASURED 
OR ESTIMATED DPM CONCENTRATION (g/m\3\)''.
    2. On page 58205, Figure V-5, section 2, line 18, ``AVERAGE TOTAL 
SHIFT PARTICULATE OUTPUT (gm)'' should read ``AVERAGE, TOTAL SHIFT, 
ENGINE EMISSION RATE (gm/hp-hr)''.
    3. On page 58205, Figure V-5, section 3, line 4, Column B, ``73 
cfm/hp'' should read ``173 cfm/hp''.
    4. On page 58206, second column, line 3, ``E(a)=(DPM(m)-I)x(Q(I)/
35200)/[Sum(Hp(I)xTo(I))]'' should read ``E(a)=(DPM(m)-I)xTs x Q(I) x 
1.7/ [106 x Sum (Hp(I) x To(I))]''.
    5. On page 58206, second column, line 12, ``To(I) = Individual 
engine operating times, hours'' should read ``Ts = Total shift length, 
hours''.
    6. On page 58206, second column, line 14, insert the following 
before beginning of paragraph: ``To(I) = Individual engine operating 
times, hr; ``1.7 = The metric conversion factor that converts cfm to 
m\3\/hr, 1.7''; ``10\6\ = The conversion factor that converts gm to 
g''.
    7. On page 58206, third column, line 9, ``DPM(a) = {[[Sum (E(I) x 
Hp(I) x To(I))] x 35,300/Q(I)] + I} x [Ts/8]'' should read ``DPM(a) = 
[(E(a) x Sum Hp(I) x 10\6\/1.7 x Q(I)) + I] x Ts/8''.
    8. On page 58206, third column, line 12, ``35,300 is a metric 
conversion factor'' should be deleted.
    9. On page 58206, third column, line 16, ``E(I) = Individual engine 
emission rates, gm/hp-hr'' should read ``E(a) = is the quantity 
calculated for section 2, Column B, the average engine emission rate, 
gm/hp-hr''.
    10. On page 58206, third column, line 19, ``To(I) = Operating time 
hours'' should be deleted.
    11. On page 58206, third column, line 23, insert the following 
before the beginning of paragraph: ``1.7 = The metric conversion factor 
that converts cfm to m\3\/hr, 1.7''; ``10\6\ = The conversion factor 
that converts gm to g''.
    12. On page 58207, first column, line 71, ``DPM(c) = {Sum[(E(I) x 
Hp(I) x To(I)) x (35300/Q(I)) x (1-R(o)) x (1-R(f)) x (1-R(e))] x 
[Q(I)/Q(f)]} + I'' should read ``DPM(c) = {(10\6\/Ts) x Sum[E(I) x 
Hp(I) x To(I) x (1-R(o)) x (1-R(f)) x (1-R(e))] / 1.7 x Q(f)} + I''.
    13. On page 58207, second column, insert before line 17, ``Ts = 
Total shift length, hours''.
    14. On page 58207, second column, after line 21 and before the 
section heading, ``VI. Impact Analysis,'' insert the following: ``Note: 
The factor 1.7 to convert Q in cfm to m\3\/hr is determined as follows: 
1 cu ft = ((2.54 cm/in) \3\ x (12 in) \3\/cu ft)/[(100 cm) \3\/m\3\] = 
0.028317 m\3\; 1 min = 1/60 hr; 1 cfm = 1.7 m\3\/hr; 1 gm = 
106 g; Thus Q(m\3\/hr) = 1.7 x Q (cu ft/min) and 
E(g/hp-hr) = 10\6\ x E(gm/hp-hr)''.

[[Page 36828]]

II. Corrections to Proposed Rule on Diesel Particulate Matter 
Exposure of Underground Coal Miners (63 FR 17492)

[Figure V-5]:

    1. On page 17567, Figure V-5, section 1, ``MEASURED OR ESTIMATED IN 
MINE DP EXPOSURE (g/m3)'' should read ``MEASURED OR ESTIMATED 
DPM CONCENTRATION (g/m3)''.
    2. On page 17567, Figure V-5, section 2, line 18, ``AVERAGE TOTAL 
SHIFT PARTICULATE OUTPUT (gm)'' should read ``AVERAGE, TOTAL SHIFT, 
ENGINE EMISSION RATE (gm/hp-hr)''.
    3. On page 17569, first column, line 19, ``E(a)=(DPM(m)-I) x (Q(I)/
35200)/[Sum(Hp(I) x To (I))]'' should read ``E(a)=(DPM(m)-I) x Ts x 
Q(I) x 1.7/ [106 x Sum (Hp(I) x To(I))]''.
    4. On page 17569, first column, line 29, ``To(I) = Individual 
engine operating times, hours'' should read ``Ts = Total shift length, 
hours''.
    5. On page 17569, first column, after line 30 and before line 31, 
insert the following before beginning of paragraph: ``To(I) = 
Individual engine operating times, hr''; ``1.7 = The metric conversion 
factor that converts cfm to m3/hr, 1.7''; ``106 = 
The conversion factor that converts gm to g''.
    6. On page 17569, second column, line 19, ``DPM(a) = {[[Sum (E(I) x 
Hp(I) x To(I))] x 35,300/Q(I)] + I} x [Ts/8]'' should read ``DPM(a) = 
[(E(a) x Sum Hp(I) x 106/1.7 x Q(I)) + I] x Ts/8''.
    7. On page 17569, second column, line 22, ``35,300 is a metric 
conversion factor'' should be deleted.
    8. On page 17569, second column, line 26, ``E(I) = Individual 
engine emission rates, gm/hp-hr'' should read ``E(a) = is the quantity 
calculated for section 2, Column B, the average engine emission rate, 
gm/hp-hr''.
    9. On page 17569, second column, line 30, ``To(I) = Operating time 
hours'' should be deleted.
    10. On page 17569, second column, after line 33 and before line 34, 
insert the following before the beginning of paragraph: ``1.7 = The 
metric conversion factor that converts cfm to m3hr, 1.7''; 
``106 = The conversion factor that converts gm to 
g''.
    11. On page 17570, first column, line 19, ``DPM(c) = {Sum[(E(I) x 
Hp(I) x To(I)) x (35300/Q(I)) x (1-R(o)) x (1-R(f)) x (1-R(e))] x 
[Q(I)/Q(f)]} + I'' should read ``DPM(c)= {(106/Ts) x 
Sum[E(I) x Hp(I) x To(I)x (1-R(o)) x (1-R(f)) x (1-R(e))] / 1.7 x Q(f)} 
+ I'.
    12. On page 17570, first column, insert in line 41, ``Ts = Total 
shift length, hours''.
    13. On page 17570, first column, after line 47 and before the 
section heading, ``VI. Impact Analysis'': insert the following: ``Note: 
The factor 1.7 to convert Q in cfm to m3 / hr is determined 
as follows: 1 cu ft = ((2.54 cm/in)3 x (12 in)3/
cu ft)/[(100 cm)3/m3] = 0.028317 m3; 1 
min = 1/60 hr; 1 cfm = 1.7 m3/hr; 1 gm = 106 g; 
Thus Q(m3/hr) = 1.7 x Q (cu ft/min) and E(g/hp-hr) 
= 106 x E(gm/hp-hr)''.

II. Close of Rulemaking Records

    The post-hearing comment periods for both proposed rules will close 
concurrently on July 26, 1999. Commenters are encouraged to submit 
their comments on or before that date. This will allow the public 15 
months from the date of publication to comment on the underground coal 
proposal, and nine months to comment on the metal and nonmetal 
proposal.

    Dated June 30, 1999.
J. Davitt McAteer
Assistant Secretary for Mine Safety and Health.
[FR Doc. 99-17326 Filed 7-6-99; 9:45 am]
BILLING CODE 4510-43-P