Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations 27863

CHAPTER IX—NATIONAL CRIME

PREVENTION AND PRIVACY COMPACT

COUNCIL

Part

901 Fingerprint Submission Requirements

PART 901—FINGERPRINT

SUBMISSION REQUIREMENTS

Sec.

901.1 Purpose and authority.

901.2 Interpretation of fingerprint

submission requirements.

901.3 Approval of delayed fingerprint

submission request.

Authority: 42 U.S.C. 14616.

PART 901—FINGERPRINT

SUBMISSION REQUIREMENTS

§ 901.1 Purpose and authority.

The Compact Council is established

pursuant to the National Crime

Prevention and Privacy Compact

(Compact), Title 42, U.S.C., Chapter 140,

Subchapter II, Section 14616. The

purpose of these provisions is to

interpret the Compact, as it applies to

the required submission of fingerprints,

along with requests for Interstate

Identification Index (III) records, by

agencies authorized to access and

receive criminal history records under

Public Law 92–544, and to establish

protocols and procedures applicable to

the III and its use for noncriminal

justice purposes.

§ 901.2 Interpretation of fingerprint

submission requirements.

(a) Article V of the Compact requires

the submission of fingerprints or other

approved forms of positive

identification with requests for criminal

history record checks for noncriminal

justice purposes. The Compact Council

finds that the requirement for the

submission of fingerprints may be

satisfied in two ways:

(1) The fingerprints should be

submitted contemporaneously with the

request for criminal history information,

or

(2) For purposes approved by the

Compact Council, a delayed submission

of fingerprints may be permissible

under exigent circumstances.

(b) The Compact Council further finds

that a preliminary III name based check

may be made pending the receipt of the

delayed submission of the fingerprints.

The state repository may authorize

terminal access to authorized agencies

designated by the state, to enable them

to conduct such checks. Such access

must be made pursuant to the security

policy set forth by the state’s Control

Terminal Agency.

§ 901.3 Approval of delayed fingerprint

submission request.

(a) A State may, based upon exigent

circumstances, apply for delayed

submission of fingerprints supporting

requests for III records by agencies

authorized to access and receive

criminal history records under Public

Law 92–544. Such applications must be

sent to the Compact Council Chairman

and include information sufficient to

fully describe the emergency nature of

the situation in which delayed

submission authority is being sought,

the risk to health and safety of the

individuals involved, and the reasons

why the submission of fingerprints

contemporaneously with the search

request is not feasible.

(b) In evaluating requests for delayed

submissions, the Compact Council must

utilize the following criteria:

(1) The risk to health and safety; and

(2) The emergency nature of the

request.

Upon approval of the application by

the Compact Council, the authorized

agency may conduct a III name check

pending submission of the fingerprints.

The fingerprints must be submitted

within the time frame specified by the

Compact Council.

(c) Once a specific proposal has been

approved by the Compact Council,

another state may apply for delayed

fingerprint submission consistent with

the approved proposal, provided that

the state has a related Public Law 92–

544 approved state statute, by

submitting the application to the FBI’s

Compact Officer.

Dated: May 3, 2001.

Wilbur Rehmann,

Compact Council Chairman.

[FR Doc. 01–12533 Filed 5–18–01; 8:45 am]

BILLING CODE 4410–02–U

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.

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 § 57.5067 in this final

rule will become effective July 5, 2001.

However, § 57.5060(a) will continue to

apply on July 19, 2002, and § 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 MeyerDavid@msha.gov (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

27864 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations

1The effective date for this final rule was delayed

in a document published in the Federal Register on

March 15, 2001 (66 FR 15033).

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.

§ 57.5067 [Amended]

2. In § 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 § 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]

BILLING CODE 4510–43–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 72

RIN 1219–AA74

Diesel Particulate Matter Exposure of

Underground Coal Miners; Corrections

AGENCY: Mine Safety and Health

Administration (MSHA), Labor.

ACTION: Final rule; corrections and

notice of information collection

approval.

SUMMARY: This document contains

corrections to the final rule published in

the Federal Register on January 19,

2001, which addresses the exposure of

underground coal miners to diesel

particulate matter (dpm) (66 FR 5526).1

As discussed in the preamble to the

final rule, § 72.500 requires that all

permissible equipment emit no more

than 2.5 grams of dpm per hour. For

nonpermissible, heavy-duty dieselpowered equipment, generators and

compressors, § 72.501 specifies an

interim limit of 5.0 grams of dpm per

hour, and a final limit of 2.5 grams of

dpm per hour. Similarly, § 72.502

specifies that nonpermissible light-duty

equipment other than generators and

compressors must emit no more than 5.0

grams of dpm per hour. Although the

preamble discussion of these provisions

made MSHA’s intentions clear as to the

emissions limits established in the final

regulation, the preamble and the

codified text of the final rule contained

grammatical errors. Therefore, this

correction document is necessary. These

corrections are effective on May 21,

2001, the effective date of the final rule.

This document also provides notice

that the information collection

requirements contained in the final rule

have been approved by the Office of

Management and Budget (OMB).

EFFECTIVE DATE: These corrections are

effective May 21, 2001.

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 MeyerDavid@msha.gov (E-mail), 703–235–

1910 (Voice), or 703–235–5551 (Fax).

SUPPLEMENTARY INFORMATION: On

January 19, 2001, MSHA published a

final rule that addresses the exposure of

underground coal miners to diesel

particulate matter (dpm) (66 FR 5526).

The rule establishes new health

standards for underground coal mines

that use equipment powered by diesel

engines and, among other things,

requires operators of these underground

mines to train miners about the hazards

of exposure to dpm.

As discussed in the preamble to the

final rule (66 FR 5669), § 72.500(a)

requires that all permissible dieselpowered equipment introduced into an

underground area of an underground

coal mine emit no more than of 2.5

grams of dpm per hour as of the

effective date of the final rule. Paragraph

(b) requires all existing equipment to

meet this limit as of July 19, 2002.

For non-permissible, heavy-duty

diesel-powered equipment, generators

and compressors introduced into an

underground area of a coal mine, the

final rule’s preamble to § 72.501(a)

specifies an interim emissions limit;

that is, that this equipment must not

emit more than 5.0 grams of dpm per

hour on the effective date of the final

rule. Paragraph (b) requires existing

diesel equipment not to exceed this

limit as of July 21, 2003. Paragraph (c)

prohibits non-permissible, heavy-duty

diesel-powered equipment from

exceeding 2.5 grams per hour of dpm

emissions as of January 19, 2005.

Similarly, the preamble discussion to

§ 72.502 specifies that nonpermissible

light-duty diesel-powered equipment,

other than generators and compressors,

introduced into an underground area of

a coal mine after the effective date of the

final rule must not emit more than 5.0

grams of dpm per hour.

The regulatory text to each of the

above provisions contains grammatical

errors that may be confusing to the

mining community. These errors were

inadvertently included at the time of

publication. This document corrects

these errors, as well as others made in

the preamble at the time of publication.

These corrections are effective on May

21, 2001, the effective date of the final

rule.

Procedural Requirements

MSHA believes that correcting these

inadvertent errors in the final rule is not

a rule to which the procedural

requirements of 5 U.S.C. 553, or the

various statutes and executive orders

relating to rules, apply. However, if