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E-mail This PageMSHA Proposed Rule
Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners [08/26/2003]
[PDF Version]
Volume 68, Number 165, Page 51206-51207
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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: Proposed rule; notice of public hearings; close of comment
period.
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SUMMARY: This document announces the addition of a fourth public
hearing to receive comment on the proposed rule addressing diesel
particulate matter exposure of underground metal and nonmetal miners
published in the Federal Register on August 14, 2003 (68 FR 48668).
DATES: Post-hearing comments must be received on or before October 14,
2003. For dates of the public hearings, see the SUPPLEMENTARY
INFORMATION section.
ADDRESSES: Please identify your request to make an oral presentation or
comments by Docket ID Number [RIN 1219-AB29]. Submit your request or
comments to MSHA by any of the following methods:
[sbull] Fax to: 202-693-9441.
[sbull] Mail to: Marvin W. Nichols, Jr., Director, Office of
Standards, Regulations, and Variances, Mine Safety and Health
Administration, 1100 Wilson Boulevard, Room 2352, Arlington, Virginia
22209-3939.
[sbull] Hand delivery or Courier to: Office of Standards,
Regulations, and Variances, Mine Safety and Health Administration, 1100
Wilson Boulevard, Room 2350, Arlington, Virginia.
For access to the docket to read comments received, go to http://www.msha.gov/currentcomments.htm
and/or the Office of Standards,
Regulations, and Variances, Mine Safety and Health Administration, Room
2309, 1100 Wilson Boulevard, Arlington, Virginia.
For locations of the public hearings, see the SUPPLEMENTARY
INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Jr., Director,
Office of Standards, Regulations and Variances, MSHA; phone: (202) 693-
9440; facsimile: (202) 693-9441; E-mail: nichols-marvin@msha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 14, 2003 (68 FR 48668), we published a proposed rule in
the Federal Register that would revise the existing diesel particulate
matter (DPM) interim concentration limit measured by total carbon (TC)
to a comparable permissible exposure limit (PEL) measured by elemental
carbon (EC) which renders a more accurate DPM exposure measurement;
increase flexibility of compliance by requiring MSHA's longstanding
hierarchy of controls for its other exposure-based health standards at
metal and nonmetal mines, but prohibit rotation of miners for
compliance; allow MSHA to consider economic as well as technological
feasibility in determining if operators qualify for an extension of
time in which to meet the DPM limits; and simplify requirements for a
DPM control plan. The proposed rule would also make conforming changes
to existing provisions concerning compliance determination,
environmental monitoring and recordkeeping.
II. Public Hearings
In the Federal Register notice published on August 14, 2003, (68 FR
48668), we announced that we would hold three public hearings on the
proposed rule. However, since that time, we have added a fourth public
hearing. Please note the date below.
The public hearings will begin at 9 a.m. and will end after the
last scheduled speaker testifies. The hearings will be held on the
following dates and at the locations indicated.
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Date Location Phone
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September 16, 2003...................... University Park Marriott, 480 Wakara Way, Salt Lake (801) 581-1000
City, UT 84108.
September 18, 2003...................... Renaissance St. Louis Hotel Airport, 9801 Natural (314) 429-1100
Bridge Road, St. Louis, MO 63134.
September 23, 2003...................... Hilton Pittsburgh, 600 Commonwealth Place, (412) 391-4600
Pittsburgh, PA 15222.
October 7, 2003......................... U.S. Department of Labor, Mine Safety and Health (202) 693-9440
Administration, 1100 Wilson Boulevard, MSHA
Conference Room, 25th Floor, Arlington, VA 22209.
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The hearings will begin with an opening statement from MSHA,
followed by an opportunity for members of the public to make oral
presentations to a panel. You do not have to make a written request to
speak. Speakers will speak in the order that they sign in. Any
unallotted time will be made available for persons making same-day
requests.
[[Page 51207]]
At the discretion of the presiding official, the time allocated to
speakers for their presentation may be limited. Speakers and other
attendees may also present information to the MSHA panel for inclusion
in the rulemaking record.
The hearings will be conducted in an informal manner. The hearing
panel may ask questions of speakers. Although formal rules of evidence
or cross examination will not apply, the presiding official may
exercise discretion to ensure the orderly progress of the hearing and
may exclude irrelevant or unduly repetitious material and questions.
A verbatim transcript of the proceedings will be included in the
rulemaking record. Copies of this transcript will be available to the
public, and can be viewed at http://www.msha.gov.
MSHA will accept post-hearing written comments and other
appropriate data for the record from any interested party, including
those not presenting oral statements, prior to the close of the comment
period on October 14, 2003.
Dated: August 21, 2003.
John R. Correll,
Deputy Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 03-21886 Filed 8-22-03; 1:35 pm]
BILLING CODE 4510-43-P
