[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Proposed Rules]
[Pages 18308-18309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10245]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 70 and 71
RIN: 1219-AA81
Response to National Institute for Occupational Safety and Health
(NIOSH) Criteria Document
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Response to NIOSH criteria document.
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SUMMARY: On November 7, 1995, the Mine Safety and Health Administration
(MSHA) received a criteria document from the National Institute for
Occupational Safety and Health (NIOSH) entitled Criteria for a
Recommended Standard: Occupational Exposure to Respirable Coal Mine
Dust (Criteria Document), which contains a number of recommendations
for reducing occupational health risks associated with exposures to
respirable coal mine dust and crystalline silica. The Federal Mine
Safety and Health Act of 1977 (Mine Act) requires MSHA to issue a
public response to such criteria documents.
MSHA has determined that it will respond to the Criteria Document
by developing a proposed rule to enhance protection for miners from
exposure to respirable coal mine dust and crystalline silica. Although
MSHA will begin preliminary work on a proposed rule, the Agency will
defer full development of the rule until it can consider the broad
range of recommendations expected to be issued in the fall by the
Secretary's Advisory Committee to Eliminate Pneumoconiosis among Coal
Mine Workers.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances, MSHA, 4015 Wilson Boulevard,
Room 631, Arlington, Virginia 22203, 703-235-1910.
SUPPLEMENTARY INFORMATION:
I. Rulemaking History
The Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et
seq., (Mine Act) authorizes the National Institute for Occupational
Safety and Health (NIOSH) of the U.S. Department of Health and Human
Services to recommend that the Secretary of Labor promulgate specific
occupational safety and health standards to achieve the objectives of
the Mine Act. By means of criteria documents, NIOSH notifies MSHA of
its recommendations for health and safety standards. When the Secretary
of Labor receives any such recommendations from NIOSH, Section
101(a)(1) of the Mine Act requires him to take one of three actions
within 60 days: (1) refer such recommendations to an advisory
committee; (2) publish such recommendations as a proposed rule; or (3)
publish in the Federal Register his determination not to do so and his
reasons therefor.
On November 7, 1995, NIOSH submitted to MSHA a Criteria Document
addressing the occupational health risks associated with exposure to
respirable coal mine dust and crystalline silica. The criteria document
contained a number of recommendations, including that MSHA reduce its
permissible exposure limit for respirable coal mine dust and establish
a separate standard for crystalline silica.
Although the statutory deadline for MSHA's response fell on January
7, 1996, the funding lapse for the U.S. Department of Labor and the
resulting shutdown prevented timely action on this matter. On January
10, 1996, MSHA informed the public by notice in the Federal Register
(61 FR 731) that it would respond to the Criteria Document as quickly
as possible after the resumption of normal agency operations.
II. Agency Determination
MSHA has determined that it will respond to the NIOSH Criteria
Document through the publication of a proposed rule derived from the
recommendations in the Document. The proposed rule will address
enhanced protections for surface and underground coal miners from
exposure to respirable coal mine dust and crystalline silica.
Although MSHA will begin the background work necessary to develop
such a rule, the Agency will delay full development of the proposed
rule until it has received and considered the recommendations of the
Advisory Committee to Eliminate Pneumoconiosis among Coal Mine Workers,
which is currently addressing a number of issues that are the subject
of recommendations in the Criteria Document. The Advisory Committee was
established by the Secretary of Labor on January 31, 1995, and was
charged with making recommendations for improved standards and other
appropriate action in a number of areas, including permissible exposure
limits to eliminate black lung disease and silicosis; 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
[[Page 18309]]
operator's current sampling program to determine the actual levels of
dust concentrations to which miners are exposed.
The Advisory Committee is chartered through September 30, 1996 (60
FR 55284). MSHA will defer full development of the proposed rule until
it has received and thoroughly considered the Advisory Committee
recommendations.
Dated: April 17, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 96-10245 Filed 4-24-96; 8:45 am]
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