Mine Safety and Health Administration September 2005 – Federal Register Recent Federal Regulation Documents

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of the information collection related to the Independent Contractor Registration and Identification.

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.

We propose to revise the January 20, 2006 effective date of the existing diesel particulate matter (DPM) final concentration limit of 160 micrograms of total carbon (TC) per cubic meter of air (160TC[mu]g/m3) in the 2001 final rule ``Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners,'' published in the Federal Register on January 19, 2001 (66 FR 5706). We are considering staggered effective dates for implementation of the final DPM limit, phased-in over a multi-year period, primarily based on feasibility issues that have surfaced since promulgation of the 2001 final rule. We also propose to delete the existing provision that restricts newer mines from applying for an extension of time for meeting the final concentration limit. In addition we are seeking specific comments and data on an appropriate conversion factor for the final DPM limit, technological implementation issues, and the costs and benefits of this rule. Finally, in this proposed rule, we are interested in comments on the appropriateness of including in a final rule a provision for medical evaluation of miners required to wear respiratory protection and transfer of miners who have been determined by a medical professional to be unable to wear a respirator. Specific questions regarding these issues are discussed within the appropriate sections in the preamble. These questions are italicized for ease of the reader.