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Mine Diesel Rule Delayed, Comment Period Extended

Posted on September 20, 2005

The U.S. Department of Labor's Mine Safety and Health Administration (MSHA) has extended the public comment deadline and changed the public hearing dates for the agency's proposed rule on diesel particulate matter (DPM) in underground metal and nonmetal mines. In a separate notice, the agency delayed the effective date of the rule addressing DPM exposure in these mines to May 20, 2006, rather than Jan. 20, 2006.

Published Sept. 7, the proposed DPM rule would phase in a lower permissible exposure limit (PEL) of 160 micrograms of total carbon over a five-year period. The comment period for this proposed rule has been extended to Jan. 27, 2006. Postponing the applicability of the final DPM PEL to May 20, 2006 provides sufficient time to complete work on the Sept. 7 proposed rule.

Public hearings on this proposed rule are now scheduled for these dates: Jan. 5, 2006, MSHA headquarters, 1100 Wilson Blvd., Arlington, Va.; Jan. 9, 2006, Little America Hotel, 500 S. Main St., Salt Lake City, Utah; Jan. 11, 2006, Clarion Hotel Sports Complex, 9103 E. 39th St., Kansas City, Mo.; and Jan. 13, 2006, Marriott Louisville Downtown, 280 W. Jefferson St., Louisville, Ky.

Written comments on these two notices should be submitted by Jan. 27, 2006, to the MSHA Office of Standards, Regulations and Variances, 1100 Wilson Blvd., Room 2350, Arlington, Va. 22209-3939; fax 202-693-9441. Comments may be submitted at http://www.regulations.gov, or by e-mail to zzMSHA-comments@dol.gov. MSHA's Web site at http://www.msha.gov has a hearing schedule and a link to the proposed rule.

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