[Federal Register Volume 71, Number 17 (Thursday, January 26, 2006)]
[Proposed Rules]
[Page 4331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-803]


=======================================================================
-----------------------------------------------------------------------

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; close of record.

-----------------------------------------------------------------------

SUMMARY: The Mine Safety and Health Administration is extending the 
period for comment 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).

DATES: We must receive your comments by February 17, 2006.

ADDRESSES: (1) To submit comments, please include RIN: 1219-AB29 in the 
subject line of the message and send them to us at either of the 
following addresses.
    Federal e-Rulemaking portal: Go to http://www.regulations.gov and 
follow the online instructions for submitting comments.
    E-mail: [email protected]. If you are unable to submit 
comments electronically, please identify them by RIN: 1219-AB29 and 
send them to us by any of the following methods.
     Fax: 202-693-9441.
     Mail to: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Blvd., Rm. 2350, Arlington, VA 22209-3939.
     Hand delivery or courier to: MSHA, 1100 Wilson Blvd., 
Receptionist, 21st floor, Arlington, VA 22209-3939.
    (2) We will post all comments on the Internet without change, 
including any personal information they may contain. You may access the 
rulemaking docket via the Internet at http://www.msha.gov/regsinfo.htm 
or in person at MSHA's public reading room at 1100 Wilson Blvd., Rm. 
2349, Arlington, VA.

FOR FURTHER INFORMATION CONTACT: Robert F. Stone, Acting Director, 
Office of Standards, Regulations and Variances, at (202) 693-9440.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 7, 2005, the Mine Safety and Health Administration 
(MSHA) 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 would prevent them from participating effectively 
in the rulemaking under the current schedule for hearings and comments. 
We recognized 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 published a 
notice on September 19, 2005 (70 FR 55018) that changed the public 
hearing dates from September 2005 to January 2006. We also extended the 
public comment period from October 14, 2005 to January 27, 2006. Public 
hearings were held on the proposed rule in Arlington, Virginia on 
January 5, 2006; Salt Lake City, Utah on January 9, 2006; Kansas City, 
Missouri on January 11, 2006; and Louisville, Kentucky on January 13, 
2006. The rulemaking record was scheduled to close on January 27, 2006.

II. Extension of Comment Period

    Recently, the National Mining Association and the Methane Awareness 
Resource Group (MARG) Diesel Coalition requested that the comment 
period be extended an additional 30 days beyond January 27, 2006 to 
allow for more time to prepare their comments. Additionally, we 
received a request from the National Institute for Occupational Safety 
and Health for a three week extension. We have determined that a three 
week extension of the comment period is sufficient to allow additional 
public comment on the proposed rule. Therefore, all post-hearing 
comments must be received on or before the close of the record on 
February 17, 2006.

List of Subjects in 30 CFR Part 57

    Diesel particulate matter, Metal and nonmetal, Mine safety and 
health, Underground miners.

    Dated: January 24, 2006.
Robert M. Friend,
Acting Deputy Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 06-803 Filed 1-25-06; 8:45 am]
BILLING CODE 4510-43-P