[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Notices]
[Page 3717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1677]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
RIN 1219-AA81
Response to Recommendations of the Advisory Committee on the
Elimination of Pneumoconiosis Among Coal Mine Workers
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Response to Advisory Committee recommendations.
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SUMMARY: On November 14, 1996, the Advisory Committee on the
Elimination of Pneumoconiosis Among Coal Mine Workers (Advisory
Committee) issued its report to the Secretary of Labor. The Advisory
Committee identified a number of issues, developed findings, and made
recommendations on how to eliminate coal workers'' pneumoconiosis and
silicosis. The Federal Mine Safety and Health Act of 1977 requires the
Secretary of Labor to issue a public response to the Advisory
Committee's recommendations. Accordingly, the Secretary, through the
Mine Safety and Health Administration (MSHA), is responding in this
Notice to the recommendations contained in the Advisory Committee
report.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances, Mine Safety and Health
Administration, 4015 Wilson Boulevard, Room 631, Arlington, Virginia
22203; phone 703-235-1910.
SUPPLEMENTARY INFORMATION:
A. Background
The Advisory Committee on the Elimination of Pneumoconiosis Among
Coal Mine Workers (Advisory Committee) was established by the Secretary
of Labor (Secretary) on January 31, 1995, in accordance with the
provisions of the Federal Advisory Committee Act, 5 U.S.C. App. (1988),
and the Federal Mine Safety and Health Act of 1977 (Mine Act) 30 U.S.C.
801 (1977). The Secretary charged the Advisory Committee to make
recommendations for improved standards, or other appropriate actions,
on permissible exposure limits to eliminate coal workers pneumoconiosis
and silicosis (commonly referred to as ``Black Lung'); the means to
control respirable coal mine dust levels; improved monitoring of
respirable coal mine dust levels and the role of the miner in that
monitoring; and the adequacy of the current sampling program to
determine the actual levels of dust concentrations to which miners are
exposed.
On November 14, 1996, the Advisory Committee submitted its report
to the Secretary. The report contained numerous recommendations
directed toward elimination of coal workers'' pneumoconiosis and
silicosis. The report concluded that:
* * * although progress towards making mines safer from the
health hazards of respirable coal mine dust is substantial, it is
not sufficient to achieve the intent of the Coal Act [the
predecessor to the Mine Act]. The Committee believes that the
elimination of coal workers'' pneumoconiosis and silicosis requires
a systematic approach incorporating simultaneously:
(1) greater reduction of dust generation and entrainment; (2)
greater reduction of ambient concentrations through better dust
control plans; (3) improved continuous monitoring and dust sampling
programs; (4) greater reduction of personal exposures; (5) enhanced
training of miners and mine officials on relevant aspects of coal
mine dust control; (6) upgraded medical surveillance programs; (7)
more rapid intervention programs; (8) enhanced research on
continuing vexing scientific, engineering, and medical issues; and
(9) continuous critical evaluation of the coal mine respirable dust
standard of 2.0 mg/m\3\ and the silica standard of 100 g/
m\3\.
Recommendations of the Advisory Committee address each of these
areas in detail.
B. Agency Determination
Section 101(a)(2) of the Mine Act (30 U.S.C. 811(a)(2)) provides
that if the Secretary of Labor determines that a rule should be
proposed and has appointed an Advisory Committee to provide
recommendations regarding the rule, then the Secretary shall publish a
proposed rule, or the reasons for his determination not to publish such
a rule, within 60 days following the Advisory Committee's
recommendations. Accordingly, MSHA, on behalf of the Secretary of
Labor, is responding in this Notice to the recommendations of the
Advisory Committee.
MSHA has completed a preliminary review of the Advisory Committee's
recommendations. There are 20 principal recommendations set out in the
Advisory Committee report, which are further subdivided into a total of
approximately 100 distinct action items. The recommendations are both
extensive and significant, and warrant thorough consideration by the
Agency. MSHA is consequently proceeding with an in-depth evaluation of
the recommendations, and will respond to them in an orderly fashion.
The Agency anticipates that a comprehensive MSHA review of the
recommendations will result in a variety of Agency actions. Based on
its initial review, MSHA anticipates that a number of the
recommendations may be implemented through internal MSHA administrative
or policy changes; action on other recommendations may require
rulemaking. In some cases, both regulatory and administrative action
may be necessary. Many of the recommendations are general in nature and
would require further development by MSHA to be suitable for
publication as a proposed rule.
MSHA is considering both rulemaking and actions other than
rulemaking. MSHA will notify the mining community as it makes
determinations regarding implementation of Advisory Committee
recommendations.
Dated: January 17, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 97-1677 Filed 1-23-97; 8:45 am]
BILLING CODE 4510-43-P
