57808 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Proposed Rules 

corrected to read ‘‘communications 

income. The source of income’’. 

Cynthia Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedure and 

Administration). 

[FR Doc. 05–19779 Filed 10–3–05; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Parts 46, 48, 50, 56, 57, 75, and 

77 

RIN 1219–AB41 

Use of or Impairment From Alcohol 

and Other Drugs on Mine Property 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Advance notice of proposed 

rulemaking; notice of public meetings; 

close of record. 

SUMMARY: Because of the inherent 

dangers present in all mining 

environments, we are considering 

regulatory and non-regulatory 

approaches to address the risks and 

hazards to miner safety from the use of 

or impairment from alcohol and other 

drugs, and are soliciting information 

from the public to help determine how 

to proceed. 

DATES: Comments to this advance notice 

of proposed rulemaking must be 

received by November 27, 2005. 

We will hold seven public meetings to 

gather additional information. The dates 

and locations are listed in the Public 

Meetings section under SUPPLEMENTARY

INFORMATION. Individuals or 

organizations wishing to make 

presentations for the record are asked to 

submit a request to us at least five days 

prior to the meeting date; however, 

those who do not submit a request in 

advance will be given an opportunity to 

speak. 

ADDRESSES: Comments must include 

Regulation Identifier Number (RIN) 

1219–AB41 and may be submitted by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail to zzMSHAcomments@dol.gov. Include RIN 1219–

AB41 in the subject line of the message. 

• Fax: (202) 693–9441. 

• Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 1100 

Wilson Blvd., Room 2350, Arlington, 

Virginia 22209–3939. 

• Access to Docket: We post all 

comments received without change, 

including any personal information 

provided, at http://www.msha.gov under 

the ‘‘Rules & Regs’’ link. The public 

docket may be viewed at our Office of 

Standards, Regulations, and Variances, 

1100 Wilson Blvd., Room 2349, 

Arlington, Virginia. 

• We maintain a listserve on our Web 

site that enables subscribers to receive email notification when we publish 

rulemaking documents in the Federal 

Register. To subscribe to the listserve, 

visit our site at http://www.msha.gov/

subscriptions/subscribe.aspx. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca J. Smith, Acting Director, Office 

of Standards, Regulations, and 

Variances at 202–693–9440 (voice), 

202–693–9441 (fax), or 

smith.rebecca@dol.gov (e-mail). 

Outline of ANPRM 

This outline will assist you in finding 

information in the SUPPLEMENTARY

INFORMATION section of this document. 

Supplementary Information 

I. Public Meetings 

II. Introduction 

III. Background 

IV. Issues 

A. Nature, Extent, and Impact of the 

Problem 

B. Prohibited Substances and Impaired 

Miners 

C. Training 

D. Inquiries Following Accidents 

E. Drug-Free Workplace Programs 

F. Costs and Benefits 

SUPPLEMENTARY INFORMATION: 

I. Public Meetings 

The public meetings will begin at 9 

a.m. and end after the last speaker 

testifies (in any event not later than 5 

p.m.) on the following dates: 

Date Location Phone 

October 24, 2005 ........... Little America Hotel, 500 S Main Street, Salt Lake City, UT 84101 .................................................... 801–363–6781 

October 26, 2005 ........... Hyatt Regency St. Louis, 1 St. Louis Union Station, St. Louis, MO 63103 ........................................ 800–233–1234 

October 28, 2005 ........... Sheraton Birmingham, 2101 Richard Arrington Jr. Blvd. North, Birmingham, AL 35203 .................... 205–324–5000 

October 31, 2005 ........... Sheraton Suites Lexington, 2601 Richmond Rd., Lexington, KY 40506 ............................................. 859–268–0060 

November 2, 2005 ......... Marriott Town Center, 200 Lee St. East, Charleston, WV 25301 ....................................................... 304–345–6500 

November 4, 2005 ......... Hyatt Regency Pittsburgh Int’l Airport, 1111 Airport Blvd., Pittsburgh, PA 15231 .............................. 800 233–1234 

November 8, 2005 ......... MSHA Conference Room 25th Floor, 1100 Wilson Blvd., Arlington, VA 22209 ................................. 202 693–9440 

The meetings will begin with an 

opening statement from us, followed by 

an opportunity for members of the 

public to make oral presentations to our 

panel. You do not have to make a 

written request to speak. You will speak 

in the order that you sign in. Any 

unallotted time will be made available 

for persons making same-day requests. 

At the discretion of our presiding 

official, the time allocated to speakers 

for your presentation may be limited. 

We will accept written comments and 

data for the record from any interested 

party, including those not presenting 

oral statements. The comment period 

will close on November 27, 2005. 

The meetings will be conducted in an 

informal manner. We may ask questions 

of you. Although formal rules of 

evidence or cross examination will not 

apply, we may exercise discretion to 

ensure the orderly progress of the 

meeting and may exclude irrelevant or 

unduly repetitious material and 

questions. 

A verbatim transcript of the meetings 

will be included in the rulemaking 

record. Copies of this transcript will be 

available to the public, and can be 

accessed at http://www.msha.gov. 

II. Introduction 

Given that our accident investigations 

do not routinely include an inquiry into 

the use of alcohol or other drugs as a 

contributing factor, there may be many 

instances in which alcohol or other 

drugs were involved in accidents and 

are not reported to us or that we do not 

uncover during investigations. Our 

preliminary review of our fatal and nonfatal mine accident records revealed a 

number of instances in which alcohol or 

other drugs or drug paraphernalia were 

found or reported, or in which the postaccident toxicology screen revealed the 

presence of alcohol or other drugs. 

Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Proposed Rules 57809 

1Weber, W., and Cox, C. ‘‘Work-Related Fatal 

Injuries in 1998,’’ Compensations and Working 

Conditions, Spring 2001, pp. 27–29. 2Zwerling, C. ‘‘Current practice and Experience 

in Drug and Alcohol Testing.’’ Bulletin on 

Narcotics, vol. 45 (1993), pp. 155–196. 3The survey defined current illicit drug use as the 

use of marijuana, cocaine, heroin, hallucinogens, 

inhalants or non-medical use of prescription-type 

pain relievers, tranquilizers, stimulants, or 

sedatives in the past 30 days. 

4OSHA, ‘‘Safety and Health Topics, Workplace 

Substance Abuse,’’ http://www.osha.gov/SLTC/ 

substanceabuse. 

5 International Union of Operating Engineers; 

United Brotherhood of Carpenters and Joiners of 

America; International Association of Bridge, 

Structural Steel, Ornamental and Reinforcing Iron 

Workers; and International Brotherhood of 

Boilermakers, Iron Ship Builders, Blacksmiths, 

Forgers and Helpers. 

We are concerned that miners’ use of 

and impairment from alcohol and other 

drugs can create considerable (but 

preventable) risks to miner safety. To 

the extent that use and abuse of alcohol 

and other drugs by miners is prevalent, 

it reflects problems in the community in 

general and the labor force as a whole. 

The Department of Health and Human 

Services, Substance Abuse and Mental 

Health Services Administration’s 

(SAMHSA) 2003 National Survey on 

Drug Use and Health (formerly the 

National Household Survey on Drug 

Abuse) shows that these community 

problems are also found in the labor 

force. The survey reports that of 16.7 

million illicit drug users age 18 or older, 

12.4 million (74.3 percent) were 

employed either full or part time. In 

addition, 14.9 million (77 percent) of 

the 19.4 million adults, age 18 or older, 

characterized with abuse of or 

dependence on alcohol or drugs were 

employed. The Bureau of Labor 

Statistics analyzed 1998 data from its 

Census of Fatal Occupational Injuries 

and estimated that 19 percent of the 

nation’s workforce who die on the job 

test positive for alcohol and other 

drugs.1 Similarly, a 1993 analysis of 

toxicology data on injured workers’

blood alcohol concentration estimated 

that ten percent of fatal work injuries 

and five percent of non-fatal work 

injuries overall involved acute alcohol 

impairment.2

SAMHSA’s 2000 National Household 

Survey on Drug Abuse analyzes alcohol 

and other drug use and abuse by 

industry sector. Notably, the 

construction and mining industries have 

the highest percentage of workers who 

reported current illicit drug use 3 or 

have an alcohol dependence disorder or 

alcohol abuse disorder. Nearly one in 

seven workers in these industries report 

having a serious alcohol problem. The 

report shows the following rates of use 

for the mining and construction 

industries: 15.7% past month heavy 

alcohol use; 12.3% past month any 

illicit drug use; 10.9% past year 

dependence or abuse of alcohol; and 

3.6% past year dependence or abuse of 

illicit drugs. 

Using drugs or alcohol can impair a 

miner’s coordination and judgment 

significantly at a time when he or she 

needs to be alert, aware, and capable of 

performing complicated tasks. Even 

prescription medications may affect a 

miner’s perceptions and reaction time. 

Mining is a complicated and hazardous 

occupation, and a clear focus on the 

work at hand is a crucial component of 

workplace safety. Alcohol- or drugimpaired miners endanger themselves 

as well as their co-workers. 

A number of mine operators recognize 

this problem, and require applicants for 

employment to pass a pre-employment 

drug screening. At a summit held on 

December 18, 2004, some mine 

operators stated that a substantial 

number of job applicants are unable to 

pass the initial drug screen. 

III. Background 

Since the late 1980s, the federal 

government has implemented a number 

of programs aimed at reducing the use 

of alcohol and other drugs in the 

workplace. The Anti-Drug Abuse Act of 

1986 (Pub. L. 99–570), among other 

things, directed the Secretary of Labor to 

initiate efforts to address the issue. 

Subsequently, Executive Order 12564, 

Drug-Free Federal Workplace, 

established federal drug-free 

workplaces, making it a condition of 

employment for all federal employees to 

refrain from using illegal drugs. The 

Drug-Free Workplace Act of 1988, 41 

U.S.C. 701, et seq., requires Federal 

contractors and grantees to have drugfree workplaces, and the Drug-Free 

Workplace Act of 1998, 15 U.S.C. 654, 

established grant programs that assist 

small businesses in developing drugfree workplace programs. To protect 

public safety, the Omnibus 

Transportation Employee Testing Act of 

1991, Public Law 102–143, requires 

transportation industry employers to 

conduct drug and alcohol testing for 

employees in ‘‘safety-sensitive’’

positions, creating a model that many 

non-regulated employers follow. 

In support of the President’s goal of 

lowering the rate of illegal drug use, the 

Department of Labor’s (DOL) Working 

Partners for an Alcohol- and Drug-Free 

Workplace (Working Partners) public 

outreach campaign raises awareness 

about the impact of alcohol and other 

drug use on businesses and encourages 

and assists employers to implement 

drug-free workplace programs that 

protect worker safety and health and 

respect worker rights. DOL’s 

Occupational Safety and Health 

Administration (OSHA) recognizes that 

drug and alcohol impaired workers 

constitute a safety hazard and strongly 

supports comprehensive drug-free 

workforce programs, especially in 

certain workplace environments, such 

as those involving safety-sensitive 

duties like operating machinery.4 Over 

the past year and a half, OSHA has 

implemented a number of strategies in 

support of this statement. For example, 

OSHA along with MSHA and DOL’s 

Working Partners program, formed an 

alliance with four international labor 

unions 5 focused exclusively on 

improving worker health and safety 

through drug-free workplace programs, 

and an OSHA/National Federation of 

Independent Business alliance 

agreement specifically includes 

promoting drug-free workplaces as a 

goal. OSHA also developed a Web page 

on workplace substance abuse, and 

OSHA and DOL staff have presented at 

conferences and written articles for 

publications attracting occupational 

safety and health professionals. 

We currently address the presence 

and use of intoxicating beverages and 

narcotics at metal and nonmetal mines. 

Sections 56.20001 and 57.20001 of 30 

CFR state: 

Intoxicating beverages and narcotics shall 

not be permitted or used in or around mines. 

Persons under the influence of alcohol or 

narcotics shall not be permitted on the job. 

Between January 1, 2000 and June 30, 

2005, penalties were assessed for 75 

violations of § 56.20001 and for three 

violations of § 57.20001. Our regulations 

contain no similar requirement for coal 

mines. 

We have initiated a number of 

education and outreach efforts to raise 

awareness in the mining industry of the 

safety hazards stemming from the use of 

alcohol and other drugs. We, in 

partnership with the Joseph A. Holmes 

Safety Association, established the 

Professional Miner Program to recognize 

miners who have worked injury-free for 

at least three years. Miners who have 

been recognized as Professional Miners 

sign a pledge which includes a 

commitment to ‘‘work to ensure a safe, 

healthy, and alcohol and drug-free 

workplace.’’ To date, approximately 

15,500 miners have taken this pledge. 

We participate in the drug-free work 

place alliance mentioned above to 

provide union members and the 

construction industry with information, 

guidance and access to training 

resources that will help them 

understand the benefits of drug-free 

57810 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Proposed Rules 

workplace programs and protect 

employee health and safety. Although 

this alliance focuses on the construction 

industry, a substantial number of the 

union members work on mine property. 

On December 8, 2004, we cosponsored with the states of Kentucky, 

Virginia and West Virginia, a one-day 

summit for individuals involved with 

coal mining operations and activities in 

the Southern Appalachian region. The 

summit brought together industry, labor, 

state and federal government officials, 

and public health experts to share 

information, expertise, and experience 

in dealing with the use of or impairment 

from alcohol and other drugs on mine 

property. At the summit, industry 

representatives expressed concerns 

about the problems related to the use of 

drugs and alcohol in mines. Several coal 

mine operators described the 

effectiveness of their drug-free 

workplace programs and expressed their 

concern that such programs were not 

universal in the industry. 

Along with Virginia and West 

Virginia, we are participating in 

Kentucky’s Mine Substance Abuse Task 

Force. The task force currently meets 

monthly to examine options for 

eliminating the use of or impairment 

from alcohol and other drugs on mine 

property. 

During the first four months of 2005, 

in our annual Spring Thaw meetings 

held by each of the 51 field offices of 

our metal and nonmetal program area, 

we included presentations and 

discussion of drug and alcohol abuse to 

raise awareness and provide 

information to mine operators. 

Our State Grants Program awards 

federal grants to 49 states and the 

Navajo Nation. Our 2006 Solicitation for 

Grant Applications, sent out in July, 

2005, requests that applicants include 

substance abuse training as part of new 

miner and annual refresher training 

curriculum. With assistance from DOL’s 

Working Partners program, we will be 

developing materials to assist in 

conducting this training. Further, our 

National Mine Health and Safety 

Academy is producing an awareness 

video on the hazards of alcohol and 

other drugs. This video will be used for 

new miner and annual refresher 

training. 

A number of mine operators have 

voluntarily implemented drug-free 

workplace programs, and many report 

that these programs have improved 

workplace safety and reduced workers’

compensation costs. Additionally, some 

of these operators have told us that 

miners at their mines are supportive of 

these programs. However, the adoption 

of these programs is far from being an 

industry-wide practice. Many miners, 

particularly those working in small 

mines are not likely to have access to 

these programs. 

IV. Issues 

We are seeking supporting 

information or data that will help us 

evaluate whether there is a need for 

additional federal action to address 

safety risks stemming from alcohol and 

other drug use by miners, and if so, 

whether this should involve rulemaking 

and what that regulation should 

include. In general, we are seeking 

information and comment on the extent 

of alcohol and other drug use problems 

in the mining industry and the impact 

on safety and health, and the types of 

programs currently in place and their 

effectiveness. Additionally, we need to 

assess both the costs and benefits of any 

intended federal action. We encourage 

the public to respond to the questions 

posed below. We also invite suggestions 

on alternatives or supplements to 

rulemaking that we should pursue. 

Please be as specific as possible in your 

responses to the questions and in 

suggesting alternatives. Providing 

specific examples, as well as cost and 

benefit estimates where possible, will 

help us evaluate and analyze your 

comments. 

A. Nature, Extent, and Impact of the 

Problem 

We believe that the use and misuse of 

alcohol and other drugs in the mining 

community and mining workplace 

create a preventable risk to the safety of 

miners. We are concerned that impaired 

miners can jeopardize their own safety 

and the safety of their fellow miners. 

Please provide examples and data to 

support your answers to the following 

questions: 

A1. What specific substances are most 

prevalent and pose the greatest threats 

to mine safety and health? Please 

include comments on ‘‘controlled 

substances,’’ illegal or illicit drugs, 

alcohol, inhalants, prescription and 

over-the-counter drugs, and any other 

substances you believe may create safety 

hazards when used or misused by 

miners. 

A2. Based on your experience and 

knowledge of the industry, how 

widespread is the use or misuse of 

alcohol or other drugs in the mining 

workplace? 

A3. How severe a risk does the use or 

misuse of alcohol and other drugs pose 

to miners’ safety? 

A4. What accidents or injuries at your 

mine in the last five years have involved 

alcohol or other drugs? 

B. Prohibited Substances and Impaired 

Miners 

Our existing metal and non-metal 

standards [30 CFR 56/57.20001], as 

stated above, require: 

Intoxicating beverages and narcotics shall 

not be permitted or used in or around mines. 

Persons under the influence of alcohol or 

narcotics shall not be permitted on the job. 

No similar standard applies to coal 

mines. Please provide examples and 

data to support your answers to the 

following questions: 

B1. Should we revise this existing 

metal and non-metal standard and 

establish a standard for coal mines? If 

so, how? 

B2. What substances should be 

prohibited? Please include comments on 

controlled substances, alcohol, misuse 

of prescription and over the counter 

drugs, and inhalants. 

B3. How should impairment be 

determined, and who should make the 

determination? 

B4. What actions should operators be 

required to take once an impaired miner 

is identified (e.g., remove from site, 

send home for the day, refer to the 

Employee Assistance Program or 

elsewhere for assessment, send for drug 

test, terminate, fine, or other actions)? 

B5. What policy or procedures do you 

have regarding employees who are using 

legally and properly prescribed drugs 

that may cause impairment? 

C. Training 

Parts 46 and 48 of 30 CFR specify 

training requirements for supervisors 

and miners. Our regulations currently 

do not require training in the prevention 

of alcohol and other drug misuse. Please 

provide examples and data to support 

your answers to the following questions: 

C1. Should our regulations address 

training in the prevention of alcohol and 

other drug misuse? If so, how? 

C2. Who should receive this training 

(e.g., supervisors, managers, foremen, 

miners, miners’ representatives?) 

C3. What topics should be included? 

C4. What training do you provide to 

address alcohol and other drug misuse? 

D. Inquiries Following Accidents 

Section 50.11 of 30 CFR (Investigation 

of accidents) requires mine operators to 

report and investigate accidents, and 

establishes criteria for the investigation 

and the report. Please provide examples 

and data to support your answers to the 

following questions: 

D1. Should we revise 30 CFR 50.11 to 

address alcohol and other drug use 

inquiries by mine operators during 

accident investigations? Section 50.11 

provides as follows: 

Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Proposed Rules 57811 

§ 50.11 Investigation. 

(a) After notification of an accident by an 

operator, the MSHA District Manager will 

promptly decide whether to conduct an 

accident investigation and will promptly 

inform the operator of his decision. If MSHA 

decides to investigate an accident, it will 

initiate the investigation within 24 hours of 

notification. 

(b) Each operator of a mine shall 

investigate each accident and each 

occupational injury at the mine. Each 

operator of a mine shall develop a report of 

each investigation. No operator may use 

Form 7000–1 as a report, except that an 

operator of a mine at which fewer than 

twenty miners are employed may, with 

respect to that mine, use Form 7000–1 as an 

investigation report respecting an 

occupational injury not related to an 

accident. No operator may use an 

investigation or an investigation report 

conducted or prepared by MSHA to comply 

with this paragraph. An operator shall submit 

a copy of any investigation report to MSHA 

at its request. Each report prepared by the 

operator shall include, 

(1) The date and hour of occurrence; 

(2) The date the investigation began; 

(3) The names of individuals participating 

in the investigation; 

(4) A description of the site; 

(5) An explanation of the accident or 

injury, including a description of any 

equipment involved and relevant events 

before and after the occurrence, and any 

explanation of the cause of any injury, the 

cause of any accident or cause of any other 

event which caused an injury; 

(6) The name, occupation, and experience 

of any miner involved; 

(7) A sketch, where pertinent, including 

dimensions depicting the occurrence; 

(8) A description of steps taken to prevent 

a similar occurrence in the future; and 

(9) Identification of any report submitted 

under § 50.20 of this part. 

D2. What type of alcohol and other 

drug use inquiries should be made after 

accidents (e.g., questioning, drug 

testing)? 

D3. What degree of accident or injury 

should trigger an inquiry (all, fatal, losttime, others)? 

D4. How should the information 

collected in the inquiry be used, and by 

whom? 

D5. What actions should be required 

if it is determined that the use of alcohol 

or other drugs was a contributing factor 

or cause of the accident? 

E. Drug-Free Workplace Programs 

Although our regulations currently do 

not require programs to address the 

safety hazards that the presence of 

alcohol and other drugs in the 

workplace may cause, some mine 

operators have voluntarily put these 

programs in place. Typically, such a 

program, often called a drug-free 

workplace program, includes at least 

one of the following five components: 

drug-free workplace policy; employee 

education; supervisory training; drug 

testing; and an employee assistance 

program. Please provide examples and 

data to support your answers to the 

following questions: 

E1. Do you have a drug-free 

workplace program at your mine, or 

have you instituted any of the above 

mentioned components, even if not 

referred to as a drug-free workplace? 

Please provide a copy of your program 

policy and procedures. Is this program 

part of a broader program? 

E2. If you have a drug-free workplace 

policy or program: 

E2–a. What prompted you to initiate 

your program? 

E2–b. What components does your 

program have? 

E2–c. Which of your program’s 

components do you feel are most critical 

and/or effective, and why? 

E2–d. Have you been able to 

document any improvement as a result 

of your program? 

E2–e. Please provide any data that 

demonstrate the extent of the problem at 

your mine and the effectiveness of your 

program in improving safety at your 

mine. 

E2–f. What issues/problems have you 

encountered in implementing your 

program and how have you resolved 

them? 

E2–g. What actions are taken for 

miners who violate the terms of the 

policy? 

E3. If you previously had a drug-free 

workplace program, what did it 

include? Why was it discontinued? 

E4. If you conduct supervisory 

training on drug issues, how are 

supervisors taught to recognize and 

handle employees who may have 

alcohol and/or other drug problems? 

Please elaborate on how supervisors 

make these determinations. 

E5. Do you have an employee 

assistance program, and if so, how many 

employees have accessed the EAP for 

problems related to alcohol and drug 

use? How many of these employees 

have had their problems resolved 

successfully? 

F. Costs and Benefits 

We are particularly interested in the 

costs and benefits you have experienced 

in planning and implementing a drugfree workplace program. In addition, we 

are interested in knowing what you 

estimate the costs to be of designing and 

implementing other elements of a drugfree workplace program. Please provide 

examples and data to support your 

answers to the following questions: 

F1. What costs have you incurred 

from your efforts to reduce or eliminate 

drugs or alcohol from the workplace? 

Please provide the costs by type (e.g., 

personnel, training, equipment). 

F2–a. What costs would be associated 

with having a drug-free workplace 

program (e.g., program implementation, 

training, drug testing, EAP, restricted 

work programs, personnel effects)? 

F2–b. Would these costs be borne 

disproportionately by small mines? If 

so, please explain how and by how 

much the costs would vary. 

F3. What benefits have you derived 

from your efforts to reduce or eliminate 

alcohol or drugs from the workplace 

(e.g., lower workers compensation costs, 

reduced absenteeism, employee morale, 

reduction in turnover, accident and 

injury reduction and related cost 

savings)? 

Dated: September 29, 2005. 

David G. Dye, 

Acting Assistant Secretary for Mine Safety 

and Health. 

[FR Doc. 05–19846 Filed 9–29–05; 3:11 pm] 

BILLING CODE 4510–43–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[R06–OAR–2004–NM–0002; FRL–7979–4] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants: Bernalillo County, NM; 

Negative Declaration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is approving three 

negative declarations submitted by the 

City of Albuquerque (Bernalillo County) 

certifying that there are no existing 

sources subject to the requirements of 

sections 111(d) and 129 of the Clean Air 

Act under their jurisdiction. These three 

negative declarations are for Sulfuric 

Acid Mist Emissions from Sulfuric Acid 

Plants, Fluoride Emissions from 

Phosphate Fertilizer Plants, and Total 

Reduced Sulfur Emissions from Kraft 

Pulp Mills. This is a direct final rule 

action without prior notice and 

comment because this action is deemed 

noncontroversial. 

DATES: Written comments must be 

received by November 3, 2005. 

ADDRESSES: Comments may be 

submitted electronically, by mail, by 

facsimile, or through hand delivery/ 

courier by following the detailed 

instructions provided under the ‘‘Public 

Participation’’ heading in the 

Supplemental Information section of