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Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners [09/19/2005]
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Volume 70, Number 180, Page 55017-55018
[[Page 55017]]
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Part IV
Department of Labor
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Mine Safety and Health Administration
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30 CFR Part 57
Diesel Particulate Matter Exposure of Underground Metal and Nonmetal
Miners; Proposed Rule and Final Rule
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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; extension of comment period, change of public
hearing dates.
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SUMMARY: We (the Mine Safety and Health Administration) are extending
the period for comments on the proposed rule entitled ``Diesel
Particulate Matter Exposure of Underground Metal and Nonmetal Miners
(DPM),'' published in the Federal Register on September 7, 2005 (70 FR
53280). We are also rescheduling the public hearings on the proposed
rule from September 26, 28, and 30, 2005 to January 5, 9, 11, and 13,
2006. We find these actions necessary to provide sufficient time and an
orderly process for affected parties to comment on the proposed rule.
By a separate document published in today's Federal Register, we
are also temporarily delaying the applicability date for 30 CFR
57.5060(b) published in the Federal Register on January 19, 2001 (66 FR
5706) from January 20, 2006 to May 20, 2006, to provide sufficient time
to complete the September 7, 2005 proposal to amend the 2001 DPM rule.
DATES: Public hearing dates and locations are discussed in the
SUPPLEMENTARY INFORMATION section below. Public comments and other
appropriate data for the record must be received by January 27, 2006,
when the post-hearing comment period will close.
SUPPLEMENTARY INFORMATION:
I. Public Hearings
We will hold four public hearings on the proposed rule. The public
hearings will begin at 9 a.m., and will be held on the following dates
at the locations indicated:
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Date Location Phone
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January 5, 2006.............. Mine Safety and (202) 693-9440
Health
Administration, 1100
Wilson Boulevard,
Conference Room,
25th Floor,
Arlington, VA 22209.
January 9, 2006.............. Little America Hotel, (801) 363-6781
500 South Main
Street, Salt Lake
City, UT 84101.
January 11, 2006............. Clarion Hotel Sports (816) 737-0200
Complex, 9103 E.
39th Street, Kansas
City, MO 64133.
January 13, 2006............. Marriott Louisville (800) 228-9290
Downtown, 280 West
Jefferson Street,
Louisville, KY 40202.
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II. Background
On September 7, 2005, we proposed a rule to phase in the final DPM
limit because we are concerned that there may be feasibility issues for
some mines to meet that limit by January 20, 2006. Accordingly, we
proposed a five-year phase-in period and noted our intent to initiate a
separate rulemaking to convert the final DPM limit from a total carbon
limit to an elemental carbon limit. We set hearing dates and a deadline
for receiving comments on the September 7, 2005 proposed rule with the
expectation that we would complete the rulemaking to phase in the final
DPM limit before January 20, 2006.
After publication of the September 7, 2005 proposed rule, we
received a request from the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union (USW) for more time to comment on the proposed
rule. The USW explained that Hurricane Katrina had placed demands on
their resources that will prevent them from participating effectively
in the rulemaking under the current schedule for hearings and comments.
We recognize the USW's need to devote resources to respond to the
aftermath of Hurricane Katrina and the impact that would have on their
participation under the current timetable. We also received a request
from the National Stone, Sand and Gravel Association (NSSGA) for
additional time to comment on the proposed rule and for an additional
public hearing in Arlington, Virginia. Accordingly, due to requests
from the USW and NSSGA, we are extending the deadline for receiving
comments until January 27, 2006, and rescheduling the public hearings
to January 5, 9, 11, 13, 2006.
List of Subjects in 30 CFR Part 57
Diesel particulate matter, Metal and nonmetal, Mine safety and
health, Underground miners.
Dated: September 15, 2005.
David G. Dye,
Deputy Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 05-18737 Filed 9-15-05; 2:55 pm]
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