Federal Register: November 7, 2008 (Volume 73, Number 217)
DOCID: fr07no08-6 FR Doc E8-26440
DEPARTMENT OF LABOR
Mine Safety and Health Administration
CFR Citation: 30 CFR Parts 56, 57, and 71
RIN ID: RIN 1219-AB24
NOTICE: RULES
DOCID: fr07no08-6
DOCUMENT ACTION: Final rule, technical amendment.
SUBJECT CATEGORY:
Asbestos Exposure Limit
DATES: This technical amendment is effective November 7, 2008.
DOCUMENT SUMMARY:
The Mine Safety and Health Administration (MSHA) is amending and clarifying its existing health standards for asbestos exposure. The amendments make no substantive change to the existing standards, MSHA's enforcement of the standards, or the protection afforded miners under the standards.
SUMMARY:
Asbestos Exposure Limit,
DOCUMENT BODY:
[[Page 66172]]
SUPPLEMENTAL INFORMATION
MSHA published a final rule amending its
health standards for asbestos exposure at metal and nonmetal mines,
surface coal mines, and surface areas of underground coal mines on
February 29, 2008 (73 FR 11284). The rule became effective on April 29,
2008. To assure that the mining community fully understands MSHA's
intent with respect to certain provisions of the existing standards,
the Agency is issuing this technical amendment. This technical
amendment clarifies MSHA's definition of asbestos and analytical
methods the Agency uses to enforce the existing asbestos exposure
limit. As stated above, these clarifications do not change any
substantive requirements and reflect MSHA's intent as explained in the preamble to the final rule issued on February 29, 2008.
List of Subjects
30 CFR Parts 56 and 57
Air quality, Asbestos, Chemicals, Hazardous substances, Metals, Mine safety and health.
30 CFR Part 71
Air quality, Asbestos, Chemicals, Coal mining, Hazardous substances, Mine safety and health.
Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
For the reasons set out in the preamble, MSHA is amending title 30 of the Code of Federal Regulations as follows.
PART 56SAFETY AND HEALTH STANDARDSSURFACE METAL AND NONMETAL MINES
1. The authority citation for part 56 continues to read as follows:
Authority: 30 U.S.C. 811.
2. Amend Sec. 56.5001 by revising the introductory text of paragraph
(b)(1), adding a definition for asbestos fiber, and revising paragraph (b)(3) to read as follows:
Sec. 56.5001 Exposure limits for airborne contaminants.
* * * * *
(b) Asbestos standard(1) Definitions. Asbestos is a generic term
for a number of asbestiform hydrated silicates that, when crushed or
processed, separate into flexible fibers made up of fibrils. * * * * *
Asbestos fiber means a fiber of asbestos that meets the criteria of a fiber.
* * * * *
(3) Measurement of airborne asbestos fiber concentration. Potential
asbestos fiber concentration shall be determined by phase contrast
microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos
standard found in 29 CFR 1910.1001, Appendix A, or a method at least
equivalent to that method in identifying a potential asbestos exposure
exceeding the 0.1 f/cc fullshift limit or the 1 f/cc excursion limit.
When PCM results indicate a potential exposure exceeding the 0.1 f/cc
fullshift limit or the 1 f/cc excursion limit, samples shall be
further analyzed using transmission electron microscopy according to
NIOSH Method 7402 or a method at least equivalent to that method. * * * * *
PART 57SAFETY AND HEALTH STANDARDSUNDERGROUND METAL AND
NONMETAL MINES
3. The authority citation for part 57 continues to read as follows:
Authority: 30 U.S.C. 811.
4. Amend Sec. 57.5001 by revising the introductory text of paragraph
(b)(1), adding a definition for asbestos fiber, and revising paragraph (b)(3) to read as follows:
Sec. 57.5001 Exposure limits for airborne contaminants.
* * * * *
(b) Asbestos standard(1) Definitions. Asbestos is a generic term
for a number of asbestiform hydrated silicates that, when crushed or
processed, separate into flexible fibers made up of fibrils. * * * * *
Asbestos fiber means a fiber of asbestos that meets the criteria of a fiber.
* * * * *
(3) Measurement of airborne asbestos fiber concentration. Potential
asbestos fiber concentration shall be determined by phase contrast
microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos
standard found in 29 CFR 1910.1001, Appendix A, or a method at least
equivalent to that method in identifying a potential asbestos exposure
exceeding the 0.1 f/cc fullshift limit or the 1 f/cc excursion limit.
When PCM results indicate a potential exposure exceeding the 0.1 f/cc
fullshift limit or the 1 f/cc excursion limit, samples shall be
further analyzed using transmission electron microscopy according to
NIOSH Method 7402 or a method at least equivalent to that method. * * * * *
PART 71MANDATORY HEALTH STANDARDSSURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES
5. The authority citation for part 71 continues to read as follows:
Authority: 30 U.S.C. 811, 951, 957.
6. Amend Sec. 71.702 by revising the introductory text of paragraph
(a), adding a definition for asbestos fiber, and revising paragraph (c) to read as follows:
Sec. 71.702 Asbestos standard.
(a) Definitions. Asbestos is a generic term for a number of
asbestiform hydrated silicates that, when crushed or processed, separate into flexible fibers made up of fibrils.
* * * * *
Asbestos fiber means a fiber of asbestos that meets the criteria of a fiber.
* * * * *
(c) Measurement of airborne asbestos fiber concentration. Potential
asbestos fiber concentration shall be determined by phase contrast
microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos
standard found in 29 CFR 1910.1001, Appendix A, or a method at least
equivalent to that method in identifying a potential asbestos exposure
exceeding the 0.1 f/cc fullshift limit or the 1 f/cc excursion limit.
When PCM results indicate a potential exposure exceeding the 0.1 f/cc
fullshift limit or the 1 f/cc excursion limit, samples shall be
further analyzed using transmission electron microscopy according to
NIOSH Method 7402 or a method at least equivalent to that method. [FR Doc. E826440 Filed 11608; 8:45 am]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
Patricia W. Silvey at silvey.patricia@dol.gov (email), 2026939440 (Voice), or 2026939441 (Fax).