98-10911. The ``Significant and Substantial'' Phrase in Sections 104 (d) and (e) of the Federal Mine Safety and Health Act of 1977; Suspension of Interpretative Bulletin

[Federal Register Volume 63, Number 78 (Thursday, April 23, 1998)]
[Notices]
[Page 20217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10911]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


The ``Significant and Substantial'' Phrase in Sections 104 (d) 
and (e) of the Federal Mine Safety and Health Act of 1977; Suspension 
of Interpretative Bulletin

    On February 5, 1998 (63 FR 6012), the Mine Safety and Health 
Administration (MSHA) issued an Interpretative Bulletin which set forth 
the Agency's interpretation of the statutory phrase ``* * * 
significantly and substantially contribute to the cause and effect of a 
coal or other mine safety or health hazard * * *'' and which announced 
that MSHA would challenge an interpretation of that language by the 
Federal Mine Safety and Health Review Commission.
    In response to concerns raised by the mining industry, on February 
20, 1998 (63 FR 8692), the Agency announced a 60-day comment period on 
the implementation and impact of the interpretation of that phrase. 
During the comment period, the mining industry presented views that the 
approach set out in the Interpretative Bulletin would be overly-
inclusive, resulting in an application that would classify virtually 
all violations as S&S. This was not MSHA's intent.
    The Agency's purpose was to seek an application of the phrase that 
would recognize that serious hazards which have a real possibility of 
causing death or serious injury or illness should properly be 
classified and addressed as S&S violations.
    Upon consideration of the views presented to date, the Agency 
believes that further dialogue on the application of the statutory 
phrase ``significant and substantial'' would better serve all segments 
of the mining community. By this notice, MSHA is hereby suspending the 
Interpretative Bulletin and the applicable provisions of the Program 
Information Bulletin issued on February 5. MSHA will continue to accept 
written comments on this matter.

    Dated: April 20, 1998.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 98-10911 Filed 4-21-98; 10:23 am]
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