Proposed Extension of Information Collection; Health Standards for Diesel Particulate Matter Exposure (Underground Metal and Nonmetal Mines), 84631-84634 [2024-24495]
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Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
information collection request from the
previous information collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0065.
Affected Public: Business or other forprofit.
Number of Annual Respondents: 46.
Frequency: On occasion.
Number of Annual Responses: 164.
Annual Time Burden: 1,501 hours.
Annual Other Burden Costs: $24,830.
Comments submitted in response to
this notice will be summarized and
included in the request for Office of
Management and Budget approval of the
proposed information collection
request; they will become a matter of
public record and be available at https://
www.reginfo.gov.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health
Administration.
[FR Doc. 2024–24496 Filed 10–22–24; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
I. Background
[OMB Control No. 1219–0135]
A. Legal Authority
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), as amended, 30 U.S.C. 813(h),
authorizes MSHA to collect information
necessary to carry out its duty in
protecting the safety and health of
miners. Further, section 101(a) of the
Mine Act, 30 U.S.C. 811(a), authorizes
the Secretary of Labor to develop,
promulgate, and revise as may be
appropriate, improved mandatory
health or safety standards for the
protection of life and prevention of
injuries in coal and metal and nonmetal
mines.
Proposed Extension of Information
Collection; Health Standards for Diesel
Particulate Matter Exposure
(Underground Metal and Nonmetal
Mines)
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
The Department of Labor
(DOL), as part of its continuing effort to
reduce paperwork and respondent
burden, conducts a pre-clearance
consultation program to provide the
general public and Federal agencies
with an opportunity to comment on
proposed collections of information, in
accordance with the Paperwork
Reduction Act of 1995. This program
helps to ensure that requested data can
be provided in the desired format,
reporting burden (time and financial
resources) is minimized, collection
instruments are clearly understood, and
the impact of collection requirements on
respondents can be properly assessed.
The Mine Safety and Health
Administration (MSHA) is soliciting
comments on the information collection
entitled Health Standards for Diesel
Particulate Matter.
DATES: All comments must be received
on or before December 23, 2024.
SUMMARY:
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Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below. Please note that
late comments received after the
deadline will not be considered.
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2024–0032.
• Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 201 12th Street South, 4th
Floor West, Arlington, VA 22202–5452.
Before visiting MSHA in person, call
202–693–9455 to make an appointment.
• MSHA will post all comments as
well as any attachments, except for
information submitted and marked as
confidential, in the docket at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: S.
Aromie Noe, Director, Office of
Standards, Regulations, and Variances,
MSHA, at MSHA.information
.collections@dol.gov (email); (202) 693–
9440 (voice); or (202) 693–9441
(facsimile). These are not toll-free
numbers.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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B. Information Collection
In order to fulfill the statutory
mandates to promote miners’ health and
safety MSHA requires the collection of
information under the information
collection request entitled Health
Standards for Diesel Particulate Matter
Exposure (Underground Metal and
Nonmetal Mines). The information
collection addressed by this notice is
intended to ensure diesel particulate
matter levels in metal and nonmetal
(MNM) mines are kept at acceptable
levels and do not expose miners to
explosive or other hazardous
conditions.
Diesel particulate matter (DPM) is a
carcinogen that consists of tiny particles
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84631
present in diesel engine exhaust that
can penetrate into the lungs. Despite
ventilation, the confined underground
mine work environment may contribute
to significant concentrations of particles
produced by equipment used in the
mine. Underground miners are exposed
to higher concentrations of DPM than
any other occupational group. As a
result, they face a greater risk of
developing diseases such as lung
cancer, heart failure, serious allergic
responses, and other cardiopulmonary
problems.
The DPM regulations established a
permissible exposure limit (PEL) of 160
micrograms of total carbon per cubic
meter of air (mg/m3), which is a
surrogate for measuring a miner’s
exposure to DPM. Under 30 CFR
57.5060(b)(3), a miner’s personal
exposure to DPM in an underground
mine must not exceed an average eighthour equivalent full shift airborne
concentration of 160TC mg/m3. Other
DPM regulations include a number of
other requirements for the protection of
miners’ health. The DPM regulations
contain information collection
requirements for underground MNM
mine operators under 30 CFR 57.5060,
57.5065, 57.5066, 57.5070, 57.5071, and
57.5075.
1. Provide Miner With Medical
Determination for Respirator Use
1–1. Respirator Training and Fitting
Due to the potential safety and health
risks associated with exposure to DPM,
controls must be used effectively to
reduce exposure below the PEL.
However, if exposure levels of DPM
cannot feasibly be decreased below the
PEL, they must be lowered as much as
possible, and respiratory protection
must be provided as a supplement to
protect miners.
Under 30 CFR 57.5060(d), mine
operators must install, use, and
maintain feasible engineering and
administrative controls to reduce a
miner’s exposure to or below the
applicable DPM PEL. When controls do
not reduce a miner’s DPM exposure to
the PEL, controls are infeasible, or
controls do not produce significant
reductions in DPM exposures, controls
must be used to reduce the miner’s
exposure to as low a level as feasible
and must be supplemented with
respiratory protection in accordance
with 30 CFR 57.5005(a), (b), and
paragraphs (d)(1) through (d)(8) of this
section.
When respiratory protection is
required, mine operators must establish
a respiratory protection program that
complies with MSHA’s respiratory
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Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
protection standards for control of
airborne contaminants at MNM mines in
30 CFR 57.5005(a) and (b). These
require that whenever respiratory
protective equipment is used a mine
operator must have a program for
selection, maintenance, training, fitting,
supervision, and cleaning of respiratory
protective equipment. Respiratory
protective equipment must meet the
requirements in the DPM standard
under paragraphs (d)(1) and (d)(2). The
information collection is covered under
a currently approved request, OMB
Control Number 1219–0048, Respirator
Program Records.
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1–2. Medical Evaluation
Miners must seek medical approval of
the ability to safely wear respiratory
protection before they work in an area
of the mine that requires respiratory
protection. This ensures that miners are
safely and effectively able to wear
respiratory protection.
Under 30 CFR 57.5060(d)(3), mine
operator must provide a confidential
medical evaluation by a physician or
other licensed health care professional
(PLHCP), at no cost to the miner, to
determine the miner’s ability to use a
respirator before the miner is required to
be fit tested or to use a respirator at the
mine.
Under 30 CFR 57.5060(d)(3), if the
PLHCP determines that the miner
cannot wear a negative pressure
respirator, mine operators must make
certain that the PLHCP evaluates the
miner’s ability to wear a powered air
purifying respirator (PAPR).
Under 30 CFR 57.5060(d)(4), mine
operators must provide the miner with
an opportunity to discuss their
evaluation results with the PLHCP
before the PLHCP submits the written
determination to the mine operator
regarding the miner’s ability to wear a
respirator. If the miner disagrees with
the evaluation results of the PLHCP, the
miner may submit within 30 days
additional evidence of his or her
medical condition to the PLHCP.
1–3. Written Medical Determination
Examine Tagged Diesel Equipment
Miners must undergo reevaluations if
the work conditions change and there is
reason to believe that a miner may no
longer be able to safely wear a
respirator. Under 30 CFR 57.5060(d)(5),
mine operators must obtain a written
determination from the PLHCP
regarding the miner’s ability to wear a
respirator and the mine operators must
ensure that the PLHCP provides a copy
of the determination to the miner.
Under 30 CFR 57.5060(d)(6), a miner
must be reevaluated when mine
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operators have reason to believe that
conditions have changed which could
adversely affect the miner’s ability to
wear the respirator. Such conditions
may include a reassignment of the
miner to a new task requiring a
significant increase in physical exertion,
or the miner is assigned to work at a
lower level of a deep mine where
conditions such as heat impose greater
physiological stress.
Under 30 CFR 57.5060(d)(7), upon
written notification that the PLHCP has
determined that the miner is unable to
wear a respirator, including a PAPR, the
miner must be transferred to work in an
existing position in an area of the same
mine where respiratory protection is not
required. The miner must be transferred
within 30 days of the final
determination by the PLHCP.
Under 30 CFR 57.5060(d)(8), mine
operators must maintain a record of the
identity of the PLHCP and the most
recent written determination of each
miner’s ability to wear a respirator for
the duration of the miner’s employment
plus six months.
2. MSHA DPM Sample of Working Area
Under 30 CFR 57.5061, MSHA will
use a single sample collected and
analyzed in accordance with the
requirements of this section as an
adequate basis for a determination of
noncompliance with the DPM limit. The
Secretary will collect samples of DPM
by using a respirable dust sampler
equipped with a submicrometer
impactor and analyze the samples for
the amount of elemental carbon using
the method described in NIOSH
Analytical Method 5040.
3. Retain Fuel Purchase Record
Under 30 CFR 57.5065(a), diesel fuel
used to power equipment in
underground areas must not have a
sulfur content greater than 0.05 percent.
The operator must retain purchase
records that demonstrate compliance
with this requirement for one year after
the date of purchase.
4. Miner Tag Diesel Equipment
Under 30 CFR 57.5066(b)(1), mine
operators must authorize each miner
operating diesel-powered equipment
underground to affix a visible and dated
tag to the equipment when the miner
notes evidence that the equipment may
require maintenance in order to comply
with the maintenance standards
specified in 30 CFR 57.5066(a). The
term evidence means visible smoke or
odor that is unusual for that piece of
equipment under normal operating
procedures, or obvious or visible defects
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in the exhaust emissions control system
or in the engine affecting emissions.
5. Retain Log of Equipment
Maintenance
Any diesel-powered equipment
requiring maintenance must be
promptly inspected by an authorized
person, and a log of inspections and any
corrective action must be maintained.
Under 30 CFR 57.5066(b)(2), mine
operators must ensure that any tagged
equipment is promptly examined by a
person authorized to maintain diesel
equipment, and that the affixed tag not
be removed until the examination has
been completed.
Under 30 CFR 57.5066(b)(3), mine
operators must retain a log of any
equipment tagged pursuant to this
section. The log must include the date
the equipment is tagged, the date the
equipment is examined, the name of the
person examining the equipment, and
any action taken as a result of the
examination. The operator must retain
the information in the log for one year
after the date the tagged equipment was
examined.
6. Retain Record for Competent
Maintenance Personnel
Under 30 CFR 57.5066(c), persons
authorized by a mine operator to
maintain diesel equipment that operates
at any time in underground areas as
covered by paragraph (a) of this section
must be qualified, by virtue of training
or experience, to ensure that the
maintenance standards of paragraph (a)
of this section are observed. An operator
must retain appropriate evidence of the
competence of any person to perform
specific maintenance tasks in
compliance with those standards for one
year after the date of any maintenance,
and upon request must provide the
documentation to the authorized
representative of the Secretary.
7. Retain Record of DPM Health
Training
Training is an important component
of safety and health for all miners.
Therefore, all miners who are expected
to be exposed to DPM must undergo
annual training. Under 30 CFR
57.5070(a), mine operators must provide
annual training to all miners at a mine
covered by this part who can reasonably
be expected to be exposed to diesel
emissions on that property. The training
must include—
• The health risks associated with
exposure to diesel particulate matter;
• The methods used in the mine to
control diesel particulate matter
concentrations:
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Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
• Identification of the personnel
responsible for maintaining those
controls:
• Actions miners must take to ensure
the controls operate as intended:
Under 30 CFR 57.5070(b), mine
operators must retain a record at the
mine site of the training required by this
section for one year after completion of
the training.
8. Post and Deliver Diesel Particle
Sampling
Mine operators are responsible for
monitoring DPM levels to ensure miners
are not exposed to levels that exceed the
PEL. Under 30 CFR 57.5071(a), mine
operators must monitor as often as
necessary to effectively determine,
under conditions that can be reasonably
anticipated in the mine, whether the
average personal full-shift airborne
exposure to DPM exceeds the DPM limit
specified in 30 CFR 57.5060.
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9. Notify Sampling
Sampling must be conducted to
ensure that miners are not exposed to
dangerous levels of DPM. Prior to
sampling, miners and their
representatives must be notified of the
date and time of DPM sampling.
Following DPM sampling, results must
be posted along with any necessary
corrective action. Additionally, mine
operators must provide any
recordkeeping requirements to miners,
former miners, or a miner’s
representative, upon request.
Under 30 CFR 57.5071(b), mine
operators must provide affected miners
and their representatives with an
opportunity to observe exposure
monitoring required by this section.
Mine operators must give prior notice to
affected miners and their
representatives of the date and time of
intended monitoring.
10. Post Sampling Result and Retain
Record
Under 30 CFR 57.5071(d)(1), the
results of monitoring for DPM,
including any results received by a mine
operator from sampling performed by
MSHA, must be posted on the mine
bulletin board within 15 days of receipt
and must remain posted for 30 days.
Mine operators must provide a copy of
the results to the authorized
representative of miners.
Under 30 CFR 57.5071(d)(2), mine
operators must retain for five years
(from the date of sampling), the results
of any samples mine operators collected
as a result of monitoring under this
section, and information about the
sampling method used for obtaining the
samples.
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Jkt 265001
11. Post Notice of Corrective Action
Under 30 CFR 57.5071(c), if any
monitoring performed under this
section indicates that a miner’s
exposure to diesel particulate matter
exceeds the DPM limit specified in 30
CFR 57.5060, the operator must
promptly post notice of the corrective
action being taken on the mine bulletin
board, initiate corrective action by the
next work shift, and promptly complete
such corrective action.
12. Respond to Request for Exposure
Record by Miner
Under 30 CFR 57.5075(a), the
recordkeeping requirements of the DPM
standards contained in 30 CFR 57.5060
through 57.5071 are listed in a table
entitled ‘‘Table 57.5075(A)—Diesel
Particulate Matter Recordkeeping
Requirements.’’ The table lists the
records that mine operators must
maintain pursuant to 30 CFR 57.5060,
57.5065, 57.5066, 57.5070, 57.5071, and
the retention period for these records.
Under 30 CFR 57.5075(b)(3) mine
operators must provide access to a
miner, former miner, or, with the
miner’s or former miner’s written
consent, a personal representative of a
miner, to any record required to be
maintained pursuant to sections 57.5071
or 57.5060(d) to the extent the
information pertains to the miner or
former miner. Mine operators must
provide the first copy of a requested
record at no cost, and any additional
copies at reasonable cost.
13. Respond to Request for Health
Record
Under 30 CFR 57.5075(b)(2), upon
request from an authorized
representative of the Secretary of Labor,
the Secretary of Health and Human
Services, or from the authorized
representative of miners, mine operators
must promptly provide access to any
record listed in the table of DPM
recordkeeping requirements in this
section.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection entitled Health Standards for
Diesel Particulate Matter Exposure
(Underground Metal and Nonmetal
Mines). MSHA is particularly interested
in comments that:
• Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information has practical utility;
• Evaluate the accuracy of MSHA’s
estimate of the burden of the collection
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84633
of information, including the validity of
the methodology and assumptions used;
• Suggest methods to enhance the
quality, utility, and clarity of the
information to be collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
The information collection request
will be available on https://
www.regulations.gov. MSHA cautions
the commenter against providing any
information in the submission that
should not be publicly disclosed. Full
comments, including personal
information provided, will be made
available on https://
www.regulations.gov and https://
www.reginfo.gov.
The public may also examine publicly
available documents at DOL–MSHA,
Office of Standards, Regulations and
Variances, 201 12th Street South, 4th
Floor West, Arlington, VA 22202–5452.
Sign in at the receptionist’s desk on the
4th Floor via the West elevator. Before
visiting MSHA in person, call 202–693–
9455 to make an appointment.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION section of this notice.
III. Current Actions
This information collection request
concerns provisions for Health
Standards for Diesel Particulate Matter
Exposure (Underground Metal and
Nonmetal Mines). MSHA has updated
the data with respect to the number of
respondents, responses, time burden,
and burden costs supporting this
information collection request from the
previous information collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0135.
Affected Public: Business or other forprofit.
Number of Annual Respondents: 194.
Frequency: On occasion.
Number of Annual Responses: 49,010.
Annual Time Burden: 5,048 hours.
Annual Other Burden Costs: $80,054.
Comments submitted in response to
this notice will be summarized and
included in the request for Office of
Management and Budget approval of the
proposed information collection
request; they will become a matter of
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Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
public record and be available at https://
www.reginfo.gov.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health
Administration.
[FR Doc. 2024–24495 Filed 10–22–24; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2024–0002]
Authority and Signature
Advisory Committee on Construction
Safety and Health (ACCSH): Charter
Renewal
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Renewal of the ACCSH Charter.
AGENCY:
The Acting Secretary of Labor
(Secretary) has renewed the charter for
ACCSH.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor; telephone (202) 693–1999; email:
meilinger.francis2@dol.gov.
For general information about
ACCSH: Ms. Terra Gaines, OSHA,
Directorate of Construction, U.S.
Department of Labor; telephone (202)
693–2483; email: gaines.terra.b@dol.gov.
SUPPLEMENTARY INFORMATION: The
Secretary has renewed the ACCSH
charter. The new charter will expire two
years from the filing date.
Congress established ACCSH in
Section 107 of the Contract Work Hours
and Safety Standards Act (Construction
Safety Act (CSA)) (40 U.S.C. 3704(d)(4)),
to advise the Secretary in the
formulation of construction safety and
health standards as well as on policy
matters arising under the CSA and the
Occupational Safety and Health Act of
1970 (OSH Act) (29 U.S.C. 651 et seq.).
ACCSH operates in accordance with
the Federal Advisory Committee Act
(FACA), as amended (5 U.S.C. 1001, et
seq.), and its implementing regulations
(41 CFR 102–3 et seq.); and Department
of Labor Manual Series Chapter 1–900
(3/25/2022). Pursuant to FACA (5 U.S.C.
1001, et seq.), the ACCSH charter must
be renewed every two years.
The new charter was revised to
change the placement of FACA in Title
5 of the U.S. Code. Previously, FACA
was referenced in the Appendix of Title
5. Section 2 of the charter has been
revised to reflect the new legal citation.
The new ACCSH charter is available
to read or download at https://
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SUMMARY:
VerDate Sep<11>2014
18:48 Oct 22, 2024
www.regulations.gov (Docket No.
OSHA–2024–0002), the federal
rulemaking portal. The charter also is
available on the ACCSH page on
OSHA’s web page at https://
www.osha.gov/advisorycommittee/
accsh/charter, and at the OSHA Docket
Office. Contact the OSHA Docket Office
at (202) 693–2350 (TTY (877) 889–5627)
for assistance in locating docket
submissions. In addition, the charter is
available for viewing or download at the
Federal Advisory Committee Database at
https://www.facadatabase.gov.
Jkt 265001
James S. Frederick, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, authorized the
preparation of this notice pursuant to 29
U.S.C. 655, 40 U.S.C. 3704, Secretary of
Labor’s Order No. 8–2020 (85 FR
58393), 5 U.S.C. 1001, et seq., and 29
CFR part 1912.
Signed at Washington, DC, on October 16,
2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2024–24474 Filed 10–22–24; 8:45 am]
BILLING CODE 4510–26–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Webinar connectivity information is
provided below. For audio, when you
join the Webinar event, you may use
your computer or provide your phone
number to receive a call back,
otherwise, call the U.S. toll conference
number listed. On November 15, the
event address for attendees is: https://
nasaevents.webex.com/nasaevents/
j.php?MTID=m661bd71715cf
9903336448f1e6f5260c.
The webinar number is 2830 496 9893
and the webinar password is
mHyZC2XMJ55. If needed, the U.S. toll
conference number is +1–415–527–5035
or +1–312–500–3163 and access code is
283 049 69893 and password is
64992296.
The agenda for the meeting includes
the following topics:
— Opening Remarks by Chair
— NASA STEM Engagement Update
It is imperative that this meeting be
held on these days to accommodate the
scheduling priorities of the key
participants.
For more information, please visit
NASA Advisory Council STEM
Engagement Committee—NASA.
Jamie M. Krauk,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2024–24569 Filed 10–22–24; 8:45 am]
BILLING CODE 7510–13–P
[Notice: 24–074]
NASA STEM Engagement Committee
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, the
National Aeronautics and Space
Administration (NASA) announces a
meeting of the STEM Engagement
Committee of the NASA Advisory
Council (NAC). This Committee reports
to the NAC.
DATES: Friday, November 15, 2024,
11:00 a.m.–3:00 p.m. All times are
eastern time.
ADDRESSES: Public attendance will be
virtual only. See dial-in and Webinar
information below under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Dr.
Tara Strang, Designated Federal Officer,
STEM Engagement Committee, NASA
Headquarters, Washington, DC 20546,
via email at tara.m.strang@nasa.gov or
(216) 410–4335.
SUPPLEMENTARY INFORMATION: As noted
above, this meeting will be open to the
public via Webinar and telephonically.
SUMMARY:
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NATIONAL SCIENCE FOUNDATION
Agency Information Collection
Activities: Comment Request; National
Science Foundation Research
Infrastructure Guide
National Science Foundation.
Notice and request for
comments.
AGENCY:
ACTION:
In accordance with the
requirement of the Paperwork
Reduction Act of 1995, the National
Science Foundation (NSF) is providing
opportunity for public comment on
revisions to the NSF Research
Infrastructure Guide (RIG).
DATES: Written comments should be
received by January 17, 2025, to be
assured of consideration. Comments
received after that date will be
considered to the extent practicable.
ADDRESSES: Written comments
regarding the information collection and
requests for copies of the proposed
information collection request should be
addressed to Suzanne Plimpton, Reports
Clearance Officer, National Science
Foundation, 2415 Eisenhower Ave.,
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84631-84634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24495]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0135]
Proposed Extension of Information Collection; Health Standards
for Diesel Particulate Matter Exposure (Underground Metal and Nonmetal
Mines)
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
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SUMMARY: The Department of Labor (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program to provide the general public and
Federal agencies with an opportunity to comment on proposed collections
of information, in accordance with the Paperwork Reduction Act of 1995.
This program helps to ensure that requested data can be provided in the
desired format, reporting burden (time and financial resources) is
minimized, collection instruments are clearly understood, and the
impact of collection requirements on respondents can be properly
assessed. The Mine Safety and Health Administration (MSHA) is
soliciting comments on the information collection entitled Health
Standards for Diesel Particulate Matter.
DATES: All comments must be received on or before December 23, 2024.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below. Please
note that late comments received after the deadline will not be
considered.
Federal E-Rulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments for docket
number MSHA-2024-0032.
Mail/Hand Delivery: DOL-MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, 4th Floor West,
Arlington, VA 22202-5452. Before visiting MSHA in person, call 202-693-
9455 to make an appointment.
MSHA will post all comments as well as any attachments,
except for information submitted and marked as confidential, in the
docket at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Director, Office of
Standards, Regulations, and Variances, MSHA, at MSHA.information
.[email protected] (email); (202) 693-9440 (voice); or (202) 693-9441
(facsimile). These are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
I. Background
A. Legal Authority
Section 103(h) of the Federal Mine Safety and Health Act of 1977
(Mine Act), as amended, 30 U.S.C. 813(h), authorizes MSHA to collect
information necessary to carry out its duty in protecting the safety
and health of miners. Further, section 101(a) of the Mine Act, 30
U.S.C. 811(a), authorizes the Secretary of Labor to develop,
promulgate, and revise as may be appropriate, improved mandatory health
or safety standards for the protection of life and prevention of
injuries in coal and metal and nonmetal mines.
B. Information Collection
In order to fulfill the statutory mandates to promote miners'
health and safety MSHA requires the collection of information under the
information collection request entitled Health Standards for Diesel
Particulate Matter Exposure (Underground Metal and Nonmetal Mines). The
information collection addressed by this notice is intended to ensure
diesel particulate matter levels in metal and nonmetal (MNM) mines are
kept at acceptable levels and do not expose miners to explosive or
other hazardous conditions.
Diesel particulate matter (DPM) is a carcinogen that consists of
tiny particles present in diesel engine exhaust that can penetrate into
the lungs. Despite ventilation, the confined underground mine work
environment may contribute to significant concentrations of particles
produced by equipment used in the mine. Underground miners are exposed
to higher concentrations of DPM than any other occupational group. As a
result, they face a greater risk of developing diseases such as lung
cancer, heart failure, serious allergic responses, and other
cardiopulmonary problems.
The DPM regulations established a permissible exposure limit (PEL)
of 160 micrograms of total carbon per cubic meter of air ([micro]g/
m\3\), which is a surrogate for measuring a miner's exposure to DPM.
Under 30 CFR 57.5060(b)(3), a miner's personal exposure to DPM in an
underground mine must not exceed an average eight-hour equivalent full
shift airborne concentration of 160TC [micro]g/m\3\. Other
DPM regulations include a number of other requirements for the
protection of miners' health. The DPM regulations contain information
collection requirements for underground MNM mine operators under 30 CFR
57.5060, 57.5065, 57.5066, 57.5070, 57.5071, and 57.5075.
1. Provide Miner With Medical Determination for Respirator Use
1-1. Respirator Training and Fitting
Due to the potential safety and health risks associated with
exposure to DPM, controls must be used effectively to reduce exposure
below the PEL. However, if exposure levels of DPM cannot feasibly be
decreased below the PEL, they must be lowered as much as possible, and
respiratory protection must be provided as a supplement to protect
miners.
Under 30 CFR 57.5060(d), mine operators must install, use, and
maintain feasible engineering and administrative controls to reduce a
miner's exposure to or below the applicable DPM PEL. When controls do
not reduce a miner's DPM exposure to the PEL, controls are infeasible,
or controls do not produce significant reductions in DPM exposures,
controls must be used to reduce the miner's exposure to as low a level
as feasible and must be supplemented with respiratory protection in
accordance with 30 CFR 57.5005(a), (b), and paragraphs (d)(1) through
(d)(8) of this section.
When respiratory protection is required, mine operators must
establish a respiratory protection program that complies with MSHA's
respiratory
[[Page 84632]]
protection standards for control of airborne contaminants at MNM mines
in 30 CFR 57.5005(a) and (b). These require that whenever respiratory
protective equipment is used a mine operator must have a program for
selection, maintenance, training, fitting, supervision, and cleaning of
respiratory protective equipment. Respiratory protective equipment must
meet the requirements in the DPM standard under paragraphs (d)(1) and
(d)(2). The information collection is covered under a currently
approved request, OMB Control Number 1219-0048, Respirator Program
Records.
1-2. Medical Evaluation
Miners must seek medical approval of the ability to safely wear
respiratory protection before they work in an area of the mine that
requires respiratory protection. This ensures that miners are safely
and effectively able to wear respiratory protection.
Under 30 CFR 57.5060(d)(3), mine operator must provide a
confidential medical evaluation by a physician or other licensed health
care professional (PLHCP), at no cost to the miner, to determine the
miner's ability to use a respirator before the miner is required to be
fit tested or to use a respirator at the mine.
Under 30 CFR 57.5060(d)(3), if the PLHCP determines that the miner
cannot wear a negative pressure respirator, mine operators must make
certain that the PLHCP evaluates the miner's ability to wear a powered
air purifying respirator (PAPR).
Under 30 CFR 57.5060(d)(4), mine operators must provide the miner
with an opportunity to discuss their evaluation results with the PLHCP
before the PLHCP submits the written determination to the mine operator
regarding the miner's ability to wear a respirator. If the miner
disagrees with the evaluation results of the PLHCP, the miner may
submit within 30 days additional evidence of his or her medical
condition to the PLHCP.
1-3. Written Medical Determination Examine Tagged Diesel Equipment
Miners must undergo reevaluations if the work conditions change and
there is reason to believe that a miner may no longer be able to safely
wear a respirator. Under 30 CFR 57.5060(d)(5), mine operators must
obtain a written determination from the PLHCP regarding the miner's
ability to wear a respirator and the mine operators must ensure that
the PLHCP provides a copy of the determination to the miner.
Under 30 CFR 57.5060(d)(6), a miner must be reevaluated when mine
operators have reason to believe that conditions have changed which
could adversely affect the miner's ability to wear the respirator. Such
conditions may include a reassignment of the miner to a new task
requiring a significant increase in physical exertion, or the miner is
assigned to work at a lower level of a deep mine where conditions such
as heat impose greater physiological stress.
Under 30 CFR 57.5060(d)(7), upon written notification that the
PLHCP has determined that the miner is unable to wear a respirator,
including a PAPR, the miner must be transferred to work in an existing
position in an area of the same mine where respiratory protection is
not required. The miner must be transferred within 30 days of the final
determination by the PLHCP.
Under 30 CFR 57.5060(d)(8), mine operators must maintain a record
of the identity of the PLHCP and the most recent written determination
of each miner's ability to wear a respirator for the duration of the
miner's employment plus six months.
2. MSHA DPM Sample of Working Area
Under 30 CFR 57.5061, MSHA will use a single sample collected and
analyzed in accordance with the requirements of this section as an
adequate basis for a determination of noncompliance with the DPM limit.
The Secretary will collect samples of DPM by using a respirable dust
sampler equipped with a submicrometer impactor and analyze the samples
for the amount of elemental carbon using the method described in NIOSH
Analytical Method 5040.
3. Retain Fuel Purchase Record
Under 30 CFR 57.5065(a), diesel fuel used to power equipment in
underground areas must not have a sulfur content greater than 0.05
percent. The operator must retain purchase records that demonstrate
compliance with this requirement for one year after the date of
purchase.
4. Miner Tag Diesel Equipment
Under 30 CFR 57.5066(b)(1), mine operators must authorize each
miner operating diesel-powered equipment underground to affix a visible
and dated tag to the equipment when the miner notes evidence that the
equipment may require maintenance in order to comply with the
maintenance standards specified in 30 CFR 57.5066(a). The term evidence
means visible smoke or odor that is unusual for that piece of equipment
under normal operating procedures, or obvious or visible defects in the
exhaust emissions control system or in the engine affecting emissions.
5. Retain Log of Equipment Maintenance
Any diesel-powered equipment requiring maintenance must be promptly
inspected by an authorized person, and a log of inspections and any
corrective action must be maintained. Under 30 CFR 57.5066(b)(2), mine
operators must ensure that any tagged equipment is promptly examined by
a person authorized to maintain diesel equipment, and that the affixed
tag not be removed until the examination has been completed.
Under 30 CFR 57.5066(b)(3), mine operators must retain a log of any
equipment tagged pursuant to this section. The log must include the
date the equipment is tagged, the date the equipment is examined, the
name of the person examining the equipment, and any action taken as a
result of the examination. The operator must retain the information in
the log for one year after the date the tagged equipment was examined.
6. Retain Record for Competent Maintenance Personnel
Under 30 CFR 57.5066(c), persons authorized by a mine operator to
maintain diesel equipment that operates at any time in underground
areas as covered by paragraph (a) of this section must be qualified, by
virtue of training or experience, to ensure that the maintenance
standards of paragraph (a) of this section are observed. An operator
must retain appropriate evidence of the competence of any person to
perform specific maintenance tasks in compliance with those standards
for one year after the date of any maintenance, and upon request must
provide the documentation to the authorized representative of the
Secretary.
7. Retain Record of DPM Health Training
Training is an important component of safety and health for all
miners. Therefore, all miners who are expected to be exposed to DPM
must undergo annual training. Under 30 CFR 57.5070(a), mine operators
must provide annual training to all miners at a mine covered by this
part who can reasonably be expected to be exposed to diesel emissions
on that property. The training must include--
The health risks associated with exposure to diesel
particulate matter;
The methods used in the mine to control diesel particulate
matter concentrations:
[[Page 84633]]
Identification of the personnel responsible for
maintaining those controls:
Actions miners must take to ensure the controls operate as
intended:
Under 30 CFR 57.5070(b), mine operators must retain a record at the
mine site of the training required by this section for one year after
completion of the training.
8. Post and Deliver Diesel Particle Sampling
Mine operators are responsible for monitoring DPM levels to ensure
miners are not exposed to levels that exceed the PEL. Under 30 CFR
57.5071(a), mine operators must monitor as often as necessary to
effectively determine, under conditions that can be reasonably
anticipated in the mine, whether the average personal full-shift
airborne exposure to DPM exceeds the DPM limit specified in 30 CFR
57.5060.
9. Notify Sampling
Sampling must be conducted to ensure that miners are not exposed to
dangerous levels of DPM. Prior to sampling, miners and their
representatives must be notified of the date and time of DPM sampling.
Following DPM sampling, results must be posted along with any necessary
corrective action. Additionally, mine operators must provide any
recordkeeping requirements to miners, former miners, or a miner's
representative, upon request.
Under 30 CFR 57.5071(b), mine operators must provide affected
miners and their representatives with an opportunity to observe
exposure monitoring required by this section. Mine operators must give
prior notice to affected miners and their representatives of the date
and time of intended monitoring.
10. Post Sampling Result and Retain Record
Under 30 CFR 57.5071(d)(1), the results of monitoring for DPM,
including any results received by a mine operator from sampling
performed by MSHA, must be posted on the mine bulletin board within 15
days of receipt and must remain posted for 30 days. Mine operators must
provide a copy of the results to the authorized representative of
miners.
Under 30 CFR 57.5071(d)(2), mine operators must retain for five
years (from the date of sampling), the results of any samples mine
operators collected as a result of monitoring under this section, and
information about the sampling method used for obtaining the samples.
11. Post Notice of Corrective Action
Under 30 CFR 57.5071(c), if any monitoring performed under this
section indicates that a miner's exposure to diesel particulate matter
exceeds the DPM limit specified in 30 CFR 57.5060, the operator must
promptly post notice of the corrective action being taken on the mine
bulletin board, initiate corrective action by the next work shift, and
promptly complete such corrective action.
12. Respond to Request for Exposure Record by Miner
Under 30 CFR 57.5075(a), the recordkeeping requirements of the DPM
standards contained in 30 CFR 57.5060 through 57.5071 are listed in a
table entitled ``Table 57.5075(A)--Diesel Particulate Matter
Recordkeeping Requirements.'' The table lists the records that mine
operators must maintain pursuant to 30 CFR 57.5060, 57.5065, 57.5066,
57.5070, 57.5071, and the retention period for these records.
Under 30 CFR 57.5075(b)(3) mine operators must provide access to a
miner, former miner, or, with the miner's or former miner's written
consent, a personal representative of a miner, to any record required
to be maintained pursuant to sections 57.5071 or 57.5060(d) to the
extent the information pertains to the miner or former miner. Mine
operators must provide the first copy of a requested record at no cost,
and any additional copies at reasonable cost.
13. Respond to Request for Health Record
Under 30 CFR 57.5075(b)(2), upon request from an authorized
representative of the Secretary of Labor, the Secretary of Health and
Human Services, or from the authorized representative of miners, mine
operators must promptly provide access to any record listed in the
table of DPM recordkeeping requirements in this section.
II. Desired Focus of Comments
MSHA is soliciting comments concerning the proposed information
collection entitled Health Standards for Diesel Particulate Matter
Exposure (Underground Metal and Nonmetal Mines). MSHA is particularly
interested in comments that:
Evaluate whether the collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information has practical utility;
Evaluate the accuracy of MSHA's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
The information collection request will be available on https://www.regulations.gov. MSHA cautions the commenter against providing any
information in the submission that should not be publicly disclosed.
Full comments, including personal information provided, will be made
available on https://www.regulations.gov and https://www.reginfo.gov.
The public may also examine publicly available documents at DOL-
MSHA, Office of Standards, Regulations and Variances, 201 12th Street
South, 4th Floor West, Arlington, VA 22202-5452. Sign in at the
receptionist's desk on the 4th Floor via the West elevator. Before
visiting MSHA in person, call 202-693-9455 to make an appointment.
Questions about the information collection requirements may be
directed to the person listed in the FOR FURTHER INFORMATION section of
this notice.
III. Current Actions
This information collection request concerns provisions for Health
Standards for Diesel Particulate Matter Exposure (Underground Metal and
Nonmetal Mines). MSHA has updated the data with respect to the number
of respondents, responses, time burden, and burden costs supporting
this information collection request from the previous information
collection request.
Type of Review: Extension, without change, of a currently approved
collection.
Agency: Mine Safety and Health Administration.
OMB Number: 1219-0135.
Affected Public: Business or other for-profit.
Number of Annual Respondents: 194.
Frequency: On occasion.
Number of Annual Responses: 49,010.
Annual Time Burden: 5,048 hours.
Annual Other Burden Costs: $80,054.
Comments submitted in response to this notice will be summarized
and included in the request for Office of Management and Budget
approval of the proposed information collection request; they will
become a matter of
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public record and be available at https://www.reginfo.gov.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2024-24495 Filed 10-22-24; 8:45 am]
BILLING CODE 4510-43-P
