G/TBT/N/USA/2017  
14 July 2023  
(23-4781) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Mine Safety and Health Administration (MSHA), Department of Labor [2048]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the noti fication shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Respiratory protection for all airborne hazards; Occupational safety. Industrial hygiene 
(ICS code(s): 13.100); Respiratory protective devices (ICS code(s): 13.340.30)  
5. Title, number of pages and language(s) of the notified document:  Lowering Miners' 
Exposure to Respirable Crystalline Silica and Improving Respiratory Protection; (16 8 
page(s), in English)  
6. Description of content:  Proposed rule; request for comments; notice of public hearings 
on 3 August 2023 in Arlington, Virginia and 21 August 2023 in Denver, Colorado - The 
Mine Safety and Health Administration (MSHA) proposes to amend its existing standards 
to better protect miners against occupational exposure to respirable crystalline silica, a 
carcinogenic hazard, and to improve respiratory protection for all airborne hazards. MSHA 
has preliminarily determined that under the Ag ency's existing standards, miners at metal 
and nonmetal mines and coal mines face a risk of material impairment of health or 
functional capacity from exposure to respirable crystalline silica. MSHA proposes to set 
the permissible exposure limit of respirab le crystalline silica at 50 micrograms per cubic 
meter of air ([micro]g/m \3\) for a full shift exposure, calculated as an 8 -hour time -
weighted average, for all miners. MSHA's proposal would also include other requirements 
to protect miner health, such as e xposure sampling, corrective actions to be taken when 
miner exposure exceeds the permissible exposure limit, and medical surveillance for 
metal and nonmetal miners. Furthermore, the proposal would replace existing 
requirements for respiratory protection an d incorporate by reference ASTM F3387 -19 
Standard Practice for Respiratory Protection. The proposed uniform approach to respirable 
crystalline silica occupational exposure and improved respiratory protecti on for all 
airborne hazards would significantly improve health protections for all miners and lower 
the risk of material impairment of health or functional capacity.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety  G/TBT/N/USA/2017  
 
- 2 - 
 
  8. Relevant documents:   
88 Federal Register (FR) 44852, 13 July 2023; Title 30 Code of Federal Regulations (CFR) 
Parts 56, 57, 60, 70, 71, 72, 75, and 90:  
https://www.govinfo.gov/content/pkg/FR -2023-07-13/html/2023 -14199.htm  
https://www.govin fo.gov/content/pkg/FR -2023-07-13/pdf/2023 -14199.pdf  
MSHA will hold two public hearings on 3 August 2023 in Arlington, Virginia and 21 August 
2023 in Denver, Colorado to provide industry, labor, and other interested parties with an 
opportunity to present or al statements, written comments, and other information on the 
proposed rule. For more information on the public hearings, see SUPPLEMENTARY 
INFORMATION.  
This proposed rule; request for comments; notice of public hearings is identified by Docket 
Number MSHA -2023-0001. The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/MSHA -2023-0001/document  and provides access to 
primary and supporting documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Number. WTO Members and 
their stakeholders are ask ed to submit comments to the USA TBT Enquiry Point . 
Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders by 4pm Eastern Time  on 28 August 2023 will be shared with the regulator 
and will also be submitted to the Docket on Regulations.gov if received within the 
comment period.  
G/TBT/N/USA/470 and G/TBT/N/USA/470/Add.1  identified by Docket Number MSHA -
2010-0007 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  28 August 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/ 2023/TBT/USA/23_11011_00_e.pdf