[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Rules and Regulations]
[Pages 33387-33388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9067]


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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