[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Rules and Regulations]
[Pages 27864-27866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12766]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 72

RIN 1219-AA74


Diesel Particulate Matter Exposure of Underground Coal Miners; 
Corrections

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Final rule; corrections and notice of information collection 
approval.

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SUMMARY: This document contains corrections to the final rule published 
in the Federal Register on January 19, 2001, which addresses the 
exposure of underground coal miners to diesel particulate matter (dpm) 
(66 FR 5526).\1\ As discussed in the preamble to the final rule, 
Sec. 72.500 requires that all permissible equipment emit no more than 
2.5 grams of dpm per hour. For nonpermissible, heavy-duty diesel-
powered equipment, generators and compressors, Sec. 72.501 specifies an 
interim limit of 5.0 grams of dpm per hour, and a final limit of 2.5 
grams of dpm per hour. Similarly, Sec. 72.502 specifies that 
nonpermissible light-duty equipment other than generators and 
compressors must emit no more than 5.0 grams of dpm per hour. Although 
the preamble discussion of these provisions made MSHA's intentions 
clear as to the emissions limits established in the final regulation, 
the preamble and the codified text of the final rule contained 
grammatical errors. Therefore, this correction document is necessary. 
These corrections are effective on May 21, 2001, the effective date of 
the final rule.
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    \1\ The effective date for this final rule was delayed in a 
document published in the Federal Register on March 15, 2001 (66 FR 
15033).
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    This document also provides notice that the information collection 
requirements contained in the final rule have been approved by the 
Office of Management and Budget (OMB).

EFFECTIVE DATE: These corrections are effective May 21, 2001.

FOR FURTHER INFORMATION CONTACT: David L. Meyer, Director; Office of 
Standards, Regulations, and Variances; MSHA, 4015 Wilson Boulevard, 
Arlington, Virginia 22203-1984. Mr. Meyer can be reached at [email protected] (E-mail), 703-235-1910 (Voice), or 703-235-5551 (Fax).

SUPPLEMENTARY INFORMATION: On January 19, 2001, MSHA published a final 
rule that addresses the exposure of underground coal miners to diesel 
particulate matter (dpm) (66 FR 5526). The rule establishes new health 
standards for underground coal mines that use equipment powered by 
diesel engines and, among other things, requires operators of these 
underground mines to train miners about the hazards of exposure to dpm.
    As discussed in the preamble to the final rule (66 FR 5669), 
Sec. 72.500(a) requires that all permissible diesel-powered equipment 
introduced into an underground area of an underground coal mine emit no 
more than of 2.5 grams of dpm per hour as of the effective date of the 
final rule. Paragraph (b) requires all existing equipment to meet this 
limit as of July 19, 2002.
    For non-permissible, heavy-duty diesel-powered equipment, 
generators and compressors introduced into an underground area of a 
coal mine, the final rule's preamble to Sec. 72.501(a) specifies an 
interim emissions limit; that is, that this equipment must not emit 
more than 5.0 grams of dpm per hour on the effective date of the final 
rule. Paragraph (b) requires existing diesel equipment not to exceed 
this limit as of July 21, 2003. Paragraph (c) prohibits non-
permissible, heavy-duty diesel-powered equipment from exceeding 2.5 
grams per hour of dpm emissions as of January 19, 2005.
    Similarly, the preamble discussion to Sec. 72.502 specifies that 
nonpermissible light-duty diesel-powered equipment, other than 
generators and compressors, introduced into an underground area of a 
coal mine after the effective date of the final rule must not emit more 
than 5.0 grams of dpm per hour.
    The regulatory text to each of the above provisions contains 
grammatical errors that may be confusing to the mining community. These 
errors were inadvertently included at the time of publication. This 
document corrects these errors, as well as others made in the preamble 
at the time of publication. These corrections are effective on May 21, 
2001, the effective date of the final rule.

Procedural Requirements

    MSHA believes that correcting these inadvertent errors in the final 
rule is not a rule to which the procedural requirements of 5 U.S.C. 
553, or the various statutes and executive orders relating to rules, 
apply. However, if

[[Page 27865]]

these corrections were deemed a rule, the notice and comment provisions 
of the Administrative Procedure Act do not apply based on the good 
cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). MSHA finds good 
cause not to provide further notice and comment in that additional 
notice and comment would be unnecessary and contrary to the public 
interest because the public was advised in the preamble to the final 
rule of MSHA's intention regarding each of the above regulatory 
provisions. Consequently, unnecessary confusion would result if these 
corrections are not made immediately.
    The final rule published on January 19, 2001, contained information 
collection provisions that require an OMB Control Number. OMB has 
approved the information collection requirements and assigned OMB 
Control Number 1219-0124 to the information collection requirements of 
the final rule.
    These corrections contain no additional information collection 
requirements. In addition, this action is not a ``significant 
regulatory action'' within the meaning of Executive Order 12866. 
Furthermore, this action is not a ``major rule'' within the meaning of 
the Small Business Regulatory Enforcement Act, or an ``unfunded 
mandate'' within the meaning of Title II of the Unfunded Mandates 
Reform Act of 1995. Finally, the action will not have Federalism 
implications within the meaning of Executive Order 13132, and a 
regulatory flexibility analysis is not required by the Regulatory 
Flexibility Act.
    Accordingly, MSHA makes the following corrections to the final rule 
published on January 19, 2001.

I. Printing Errors in the Preamble

    In the Federal Register issue of January 19, 2001 (66 FR 5526), 
make the following corrections to the preamble:
    1. On page 5526, column 1, fourth paragraph of the Summary, line 3, 
change ``coal'' to ``metal and nonmetal''.
    2. On page 5672, column 2, first paragraph, line 8, after the word 
``determining'' delete ``the permissible fleet.'' and insert the 
following:

``the total amount of dpm, expressed in grams/hour, produced by the 
engine over the test cycle described in ISO 8178. The particulate index 
is determined by calculating the quantity of air required to dilute 
that particulate to a concentration of 1 mg/m3. The quantity 
of dpm emitted from the machine is determined by multiplying the 
quantity of dpm emitted from the engine (gm/hr) by the filtration 
efficiency of the aftertreatment device (%). Therefore, in a very real 
sense, the Agency is using a significant portion of the concepts 
embodied in the particulate index in this final rule.

    Why MSHA concluded that the emission limit for permissible 
equipment should be 2.5 grams per hour. The emission limit was 
determined with reference to technological and economic feasibility. 
While mine operators can use a variety of controls to reduce the 
emissions from a piece of permissible equipment, the two controls that 
can produce the significant reductions for permissible equipment are 
cleaner engines and filters. None of the cleaner engines produced in 
recent years has been approved for permissible applications. 
Accordingly, MSHA determined it should set the limit at what can be 
achieved technologically with filtration and the currently approved 
permissible engines.
    As a reference point, MSHA calculated the emission limit that could 
be achieved if a high-efficiency filter were applied to the engine that 
produced the most dpm emission in the permissible fleet.''
    3. On page 5678, column 1, the second paragraph is the heading of a 
section and should be italicized and read as follows: ``Why the final 
rule uses a machine-based emission limit instead of requiring a high-
efficiency filtration system.''
    4. On page 5681, column 2, the first sentence of the second 
paragraph is a section heading and should be italicized and read as 
follows: ``How did MSHA determine the emissions limit for newly 
introduced light-duty equipment?''

II. Additional Corrections to the Preamble

    In the final regulations published on January 19, 2001 (66 FR 
5526), make the following additional corrections to the preamble:
    1. On page 5547, column 1, third paragraph, line 7, change 
``Commerica'' to ``commercial''.
    2. On page 5563, change title of the figure from ``Figure 5'' to 
``Figure III-1''.
    3. On page 5565, change title of the figure from ``Figure 6'' to 
``Figure III-2''.
    4. On page 5568, change title of the figure from ``Figure 7'' to 
``Figure III-3''.
    5. On page 5598, column 1, third paragraph, line 5, change 
``Footnote 42'' to ``Footnote 44''.
    6. On page 5639, column 3, first paragraph, lines 5 and 6, change 
``Figures III-9 and III-10'' to ``Figures III-5 and Figure III-6''.
    7. On page 5640, the title of the figure should read Figure III-5'' 
and at the end of the caption insert ``(Cohen and Higgins, 1995)''.
    8. On page 5641, the title of the figure should read ``Figure III-
6'' and at the end of the caption insert ``(Cohen and Higgins, 1995)''.
    9. On page 5655, column 3, fourth paragraph, line 19, change 
``Figure III-11'' to ``Figure III-7''.
    10. On page 5656, column 2, first paragraph, line 1, change 
``Figure III-11'' to ``Figure III-7''.
    11. On page 5656, change the title of the figure from Figure III-
11'' to ``Figure III-7''.
    12. On page 5683, Table 72.502-1, column 2, after the last line, 
insert the following:


``450kW560 (600hp750).
''kW560 (hp750)..  0.20 g/kW-hr (0.15 g/bhp-hr)''
 

    13. On page 5685, column 1, fourth paragraph, line 15, insert 
``other'' after the word ``from''.
    14. On page 5685, column 1, fifth paragraph, line 10, change ``by 
the filter'' to ``by one minus the filter''.
    15. On page 5687, column 3, first paragraph, line 24, change 
``within 6 months.'' to ``within 7 calendar days.''
    16. On page 5687, column 3, first paragraph, line 31, at the end of 
the sentence insert ``of the request.''
    17. On page 5688, Table I-1, after the last row in the table 
insert:
``Initial Miner Health Training--60 days''
``Submission of Diesel Equipment Inventory--60 days''
    18. On page 5689, column 1, third paragraph, line 15, insert 
``Light-duty'' at the beginning of the sentence.
    19. On page 5689, column 1, third paragraph, at the end of the 
paragraph, insert the following:
    ``Section 72.510 of the final rule addresses Miners Health 
Training. It was unchanged from the proposed rule. Miners will be 
required to be trained on: (1) The health risk associated with exposure 
to diesel particulate matter; (2) the methods used in the mine to 
control diesel particulate matter concentrations; (3) identification of 
the person responsible for maintaining those controls; and (4) actions 
miners must take to ensure the controls operate as intended. The final 
rule is the same as

[[Page 27866]]

that proposed. Additionally, a record of that training must be 
maintained and made available to MSHA and the representatives of the 
miners. This section will take effect 60 days after the effective date 
of the regulation. The initial miners health training will have to be 
completed within that time frame and then annually thereafter. MSHA 
believes that 60 days is ample time to comply with this provision.
    Section 72.520 of the final rule addresses the Diesel Equipment 
Inventory. This section will take effect 60 days after the effective 
date of the regulation. The initial Diesel Equipment Inventory 
containing a list of diesel equipment and exhaust emission controls 
must be completed and submitted within that time frame. Subsequent 
modifications to the inventory must be submitted within seven calendar 
days to the District Manager. MSHA believes that 60 days is ample time 
to comply with this provision. The inventory must be mailed or faxed to 
the MSHA District Office.''
    20. On page 5695, column 3, sixth paragraph, line 4, change 
``number 7'' to ``number 8.''

PART 72--[CORRECTED]

III. Corrections to the Regulatory Text

    In the final regulations published on January 19, 2001, (66 FR 
5526) make the following corrections to the regulatory text of 30 CFR 
Part 72:
    1. On page 5704, column 3, Sec. 72.500, paragraph (a), line 4, 
remove the word ``not''.
    2. On page 5704, column 3, Sec. 72.500, paragraph (b), line 4, 
remove the word ``not''.
    3. On page 5704, column 3, Sec. 72.501, paragraph (a), line 6, 
remove the word ``not''.
    4. On page 5705, column 1, Sec. 72.501, paragraph (b), line 7, 
remove the word ``not''.
    5. On page 5705, column 1, Sec. 72.501, paragraph (c), line 7, 
remove the word ``not''.
    6. On page 5705, column 3, Sec. 72.502, paragraph (a), line 3, 
remove the word ``not''.
    7. On page 5705, Sec. 72.502, Table 72.502-1, column 2, add the 
following two entries at the end of the table:

``450kW560 (600hp750)''
``kW560 (hp750)''

    8. On page 5705, Sec. 72.502, Table 72.502-1, column 3, add the 
following two entries at the end of the table:

``0.20 g/kW-hr (0.15 g/bhp-hr)''
``0.20 g/kW-hr (0.15 g/bhp-hr)''

    Signed at Arlington, VA, this 16th day of May, 2001.
David D. Lauriski,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 01-12766 Filed 5-18-01; 8:45 am]
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