Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Proposed Rules 67681

Stakeholders can locate and 

download the TSD Chapter 8 as well as 

the newly posted supplemental 

Appendix 8E on the Distribution 

Transformers ANOPR TSD page: http://

www.eere.energy.gov/buildings/

appliance_standards/commercial/

dist_trans_tsd_061404.html.

FOR FURTHER INFORMATION CONTACT: Sam 

Johnson, Project Manager, Energy 

Conservation Standards for Distribution 

Transformers; Docket No. EE–RM/STD–

00–550; U.S. Department of Energy, 

Office of Building Technologies, EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121; (202) 586–

0854. E-mail: Sam.Johnson@ee.doe.gov.

Thomas B. DePriest, Esq.; U.S. 

Department of Energy, Office of General 

Counsel, GC–72, 1000 Independence 

Avenue, SW., Washington, DC 20585–

0121; (202) 586–9507. E-mail: 

Thomas.DePriest@hq.doe.gov.

Issued in Washington, DC on November 8, 

2004. 

David K. Garman, 

Assistant Secretary, Office of Energy 

Efficiency and Renewable Energy.

[FR Doc. 04–25609 Filed 11–18–04; 8:45 am] 

BILLING CODE 6450–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1

[REG–152549–03] 

RIN 1545–BC69

Section 179 Elections; Hearing 

Cancellation

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Cancellation of notice of public 

hearing on proposed rulemaking. 

SUMMARY: This document provides 

notice of cancellation of public hearing 

relating to the election to expense the 

cost of property subject to section 179.

DATES: The public hearing originally 

scheduled for November 30, 2004, at 10 

a.m., is cancelled.

FOR FURTHER INFORMATION CONTACT:

Robin R. Jones of the Publications and 

Regulations Branch, Legal Processing 

Division at (202) 622–7180 (not a tollfree number).

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and notice of 

public hearing that appeared in the 

Federal Register on Wednesday, August 

4, 2004 (69 FR 47043), announced that 

a public hearing was scheduled for 

November 30, 2004, at 10 a.m., in the 

auditorium. The subject of the public 

hearing is proposed regulations under 

section 179 of the Internal Revenue 

Code. The public comment period for 

these regulations expired on November 

2, 2004. Outlines of oral testimony was 

due on November 9, 2004. 

The notice of proposed rulemaking 

and notice of public hearing, instructed 

those interested in testifying at the 

public hearing to submit an outline of 

the topics to be addressed. As of 

Monday, November 15, 2004, no one 

has requested to speak. Therefore, the 

public hearing scheduled for November 

30, 2004, is cancelled.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel, (Procedure and 

Administration).

[FR Doc. 04–25650 Filed 11–18–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration 

30 CFR Parts 56, 57, 58, 70, 71, 72, 75 

and 90

RIN 1219–AA48

Air Quality, Chemical Substances, and 

Respiratory Protection Standards

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor.

ACTION: Withdrawal of proposed rule.

SUMMARY: The Mine Safety and Health 

Administration (MSHA) is withdrawing 

the remaining phases of its 1989 ‘‘Air 

Quality, Chemical Substances, and 

Respiratory Protection’’ proposed rule, 

and is providing further explanation of 

its September 26, 2002, Federal Register

document regarding withdrawal of the 

proposed rule. MSHA’s 2002 decision to 

withdraw the remaining phases of the 

proposed rule was based on adverse 

case law, a change in Agency priorities, 

and the staleness of the rulemaking 

record. Although the September 26, 

2002, document was intended to 

withdraw the rule as of that date, the 

U.S. Court of Appeals for the District of 

Columbia Circuit found that the 

document provided inadequate 

explanation of the Agency’s decision to 

terminate the rulemaking. The court 

ordered MSHA to either proceed with 

the Air Quality rulemaking or give a 

reasoned account of its decision not to 

do so. This document provides a 

reasoned account of MSHA’s decision to 

terminate the rulemaking and to 

withdraw the remaining phases of the 

Air Quality rule.

DATES: The proposed rule published on 

August 29, 1989 (54 FR 35760) is 

withdrawn as of November 19, 2004.

FOR FURTHER INFORMATION CONTACT:

Marvin W. Nichols, Jr., Director, Office 

of Standards, Regulations, and 

Variances, MSHA, 1100 Wilson 

Boulevard, Room 2313, Arlington, 

Virginia 22209–3939, 

Nichols.Marvin@dol.gov, (202) 693–

9440 (telephone), or (202) 693–9441 

(facsimile). This document is available 

in alternative formats, such as large 

print and electronic format, and can be 

accessed on MSHA’s Internet site,

http://www.msha.gov, at the ‘‘Statutory 

and Regulatory Information’’ link.

SUPPLEMENTARY INFORMATION: 

A. Rulemaking Background 

On August 29, 1989, MSHA proposed 

a rule, 54 FR 35760, that would have, 

among other things, established 

permissible exposure limits (PELs) for 

substances that the Agency believed 

might adversely affect the health of 

miners; required control of exposure to 

such substances; prescribed methods 

and frequency of monitoring to evaluate 

exposure; and revised requirements for 

respiratory protection programs for 

metal and nonmetal mines and 

established similar requirements for 

coal mines. 54 FR 35760, 35761 (August 

29, 1989). Additionally, the proposed 

rule included provisions addressing 

carcinogens, asbestos construction 

work, dangerous atmospheres, medical 

surveillance, prohibited areas for food 

and beverages, and abrasive blasting and 

drill dust control. Of the more than 600 

chemical substances for which MSHA 

sought to establish PELs, 165 of those 

substances would have been regulated 

for the first time. Because of the scope 

and complexity of the Air Quality rule, 

MSHA divided the rulemaking 

provisions into three groups or 

‘‘phases.’’ The Agency set separate 

comment periods for each of the three 

groups and announced that it would 

hold three sets of public hearings, with 

each set addressing one group of the 

proposed rule’s provisions. 

The first group of provisions included 

abrasive blasting and drill dust control; 

dangerous atmospheres; exposure 

monitoring; prohibited areas for food 

and beverages; and PELs for nitrogen 

dioxide, nitric oxide, carbon monoxide, 

and sulfur dioxide. Two public hearings 

were held for this group of provisions, 

the first on June 4, 1990, in Denver, 

Colorado, and the second on June 7, 

1990, in Coraopolis, Pennsylvania. The 

comment period for this group of 

provisions closed on March 2, 1990.