[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Proposed Rules]
[Pages 51206-51207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21886]


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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: [email protected].

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]
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