[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.

-----------------------------------------------------------------------

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.
    <bullet> Federal E-Rulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments for docket 
number MSHA-2024-0032.
    <bullet> 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.
    <bullet> 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 
.<a href="/cdn-cgi/l/email-protection#21424e4d4d444255484e4f5261454e4d0f464e57"><span class="__cf_email__" data-cfemail="2c4f434040494f584543425f6c484340024b435a">[email protected]</span></a> (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 160<INF>TC</INF> [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--
    <bullet> The health risks associated with exposure to diesel 
particulate matter;
    <bullet> The methods used in the mine to control diesel particulate 
matter concentrations:

[[Page 84633]]

    <bullet> Identification of the personnel responsible for 
maintaining those controls:
    <bullet> 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:
    <bullet> 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;
    <bullet> Evaluate the accuracy of MSHA's estimate of the burden of 
the collection of information, including the validity of the 
methodology and assumptions used;
    <bullet> Suggest methods to enhance the quality, utility, and 
clarity of the information to be collected; and
    <bullet> 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

[[Page 84634]]

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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>