55018 Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Proposed Rules 

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, change of public 

hearing dates. 

SUMMARY: We (the Mine Safety and 

Health Administration) are extending 

the period for comments 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). We are also rescheduling 

the public hearings on the proposed rule 

from September 26, 28, and 30, 2005 to 

January 5, 9, 11, and 13, 2006. We find 

these actions necessary to provide 

sufficient time and an orderly process 

for affected parties to comment on the 

proposed rule. 

By a separate document published in 

today’s Federal Register, we are also 

temporarily delaying the applicability 

date for 30 CFR 57.5060(b) published in 

the Federal Register on January 19, 

2001 (66 FR 5706) from January 20, 

2006 to May 20, 2006, to provide 

sufficient time to complete the 

September 7, 2005 proposal to amend 

the 2001 DPM rule. 

DATES: Public hearing dates and 

locations are discussed in the 

SUPPLEMENTARY INFORMATION section 

below. Public comments and other 

appropriate data for the record must be 

received by January 27, 2006, when the 

post-hearing comment period will close. 

SUPPLEMENTARY INFORMATION: 

I. Public Hearings 

We will hold four public hearings on 

the proposed rule. The public hearings 

will begin at 9 a.m., and will be held on 

the following dates at the locations 

indicated: 

Date Location Phone 

January 5, 2006 ..................................... Mine Safety and Health Administration, 1100 Wilson Boulevard, Conference 

Room, 25th Floor, Arlington, VA 22209.

(202) 693–9440 

January 9, 2006 ..................................... Little America Hotel, 500 South Main Street, Salt Lake City, UT 84101 ............... (801) 363–6781 

January 11, 2006 ................................... Clarion Hotel Sports Complex, 9103 E. 39th Street, Kansas City, MO 64133 ..... (816) 737–0200 

January 13, 2006 ................................... Marriott Louisville Downtown, 280 West Jefferson Street, Louisville, KY 40202 .. (800) 228–9290 

II. Background 

On September 7, 2005, we 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 will prevent them from 

participating effectively in the 

rulemaking under the current schedule 

for hearings and comments. We 

recognize 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 are extending the 

deadline for receiving comments until 

January 27, 2006, and rescheduling the 

public hearings to January 5, 9, 11, 13, 

2006. 

List of Subjects in 30 CFR Part 57 

Diesel particulate matter, Metal and 

nonmetal, Mine safety and health, 

Underground miners. 

Dated: September 15, 2005. 

David G. Dye, 

Deputy Assistant Secretary of Labor for Mine 

Safety and Health. 

[FR Doc. 05–18737 Filed 9–15–05; 2:55 pm] 

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