[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Rules and Regulations]
[Pages 27863-27864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12767]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 57

RIN 1219-AB11


Diesel Particulate Matter Exposure of Underground Metal and 
Nonmetal Miners; Delay of Effective Dates

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Final rule; delay of effective dates and conforming amendments.

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SUMMARY: The Mine Safety and Health Administration is delaying for 45 
days the effective date of the rule entitled, ``Diesel Particulate 
Matter Exposure of Underground Metal and Nonmetal Miners,'' published 
in the Federal Register on January 19, 2001 (66 FR 5706). This 
temporary delay will allow the Department an opportunity to engage in 
further negotiations to settle the legal challenges to this rule.

EFFECTIVE DATE: The effective date of the rule amending 30 CFR Part 57 
published on January 19, 2001, at 66 FR 5706 and delayed on March 15, 
2001 at 66 FR 15032, is further delayed from May 21, 2001, until July 
5, 2001. The amendment to Sec. 57.5067 in this final rule will become 
effective July 5, 2001. However, Sec. 57.5060(a) will continue to apply 
on July 19, 2002, and Sec. 57.5060(b) will continue to apply on January 
19, 2006.

FOR FURTHER INFORMATION CONTACT: David L. Meyer, Director; Office of 
Standards, Regulations, and Variances; MSHA, 4015 Wilson Boulevard, 
Arlington, Virginia 22203-1984. Mr. Meyer can be reached at [email protected] (E-mail), 703-235-1910 (Voice), or 703-235-5551 (Fax).

SUPPLEMENTARY INFORMATION: On January 19, 2001, MSHA published a final 
rule addressing the exposure of underground metal and nonmetal miners 
to diesel particulate matter (dpm). The final rule establishes new 
health standards for underground metal and nonmetal mines that use 
equipment powered by diesel engines and requires operators of these 
underground mines to train miners about the hazards of being exposed to 
diesel particulate matter. In accordance with the January 20, 2001, 
memorandum from Andrew H. Card, MSHA announced a 60-day delay of the 
effective date of certain provisions of the final regulations to permit 
the Secretary of Labor to further consider the provisions of the rule. 
An additional delay of 45 days to July 5, 2001 is necessary to give the 
parties an opportunity to continue negotiations to settle the legal 
challenge to the rule described below.
    On January 29, 2001, Anglogold (Jerritt Canyon) Corp. and Kennecott 
Greens Creek Mining Company filed a petition for review of the rule in 
the District of Columbia Circuit. On February 7, 2001, the Georgia 
Mining Association, the National Mining Association, the Salt 
Institute, and MARG Diesel Coalition filed a similar petition in the 
Eleventh Circuit. On March 14, 2001, Getchell Gold Corporation 
petitioned for review of the rule in the District of Columbia Circuit. 
The three petitions have been consolidated and are pending in the 
District of Columbia Circuit. The United Steelworkers of America (USWA) 
has

[[Page 27864]]

intervened in the Anglogold case. The parties to the litigation have 
begun settlement negotiations, and the Department is hopeful that, 
within the next 45 days, agreement will be reached on many of the 
issues in dispute.

I. Delayed Effective Dates

    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). The delay of the effective date of 
the rule is effective immediately upon publication of this notice in 
the Federal Register. Publication of this notice without the 
opportunity for public comment is based on the good cause exceptions in 
5 U.S.C. 553(b)(B) and 553(d)(3), in that seeking public comment is 
impracticable, unnecessary and contrary to the public interest. The 45-
day delay of the effective dates is necessary to give the parties an 
opportunity to engage in negotiations to settle the legal challenges to 
the rule. Given the imminence of the effective date, seeking prior 
public comment on this delay is impractical, as well as contrary to the 
public interest in the orderly promulgation and implementation of 
regulations. See also, 5 U.S.C. 705 (``When an agency finds that 
justice so requires, it may postpone the effective date of action taken 
by it, pending judicial review'').

II. Revisions to the Regulatory Text of the Final Rule Addressing 
Diesel Particulate Matter Exposure of Underground Metal and 
Nonmetal Miners

List of Subjects in 30 CFR Parts 57

    Diesel particulate matter, Metal and Nonmetal, Mine Safety and 
Health, Underground mines.

    The final rule published on January 19, 2001 (66 FR 5526) is 
amended as follows:

PART 57--[AMENDED]

    1. The authority citation for part 57 continues to read as follows:

    Authority: 30 U.S.C. 811, 957, 961.


Sec. 57.5067  [Amended]

    2. In Sec. 57.5067, paragraph (a) is amended by removing the date 
``March 20, 2001'' and adding in its place ``July 5, 2001.''

    Note: This amendment supersedes the amendment to Sec. 57.5067(a) 
published on March 15, 2001 at 66 FR 15033.)


    Signed at Arlington, VA, this 16th day of May, 2001.
David D. Lauriski,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 01-12767 Filed 5-18-01; 8:45 am]
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