5948 Federal Register / Vol. 60, No. 20 / Tuesday, January 31, 1995 / Notices

address the complex and sensitive

issues involved.

DATES: Comments must be received on

or before February 15, 1995.

ADDRESSES: Send written comments to

the Office of Standards, Regulations and

Variances, MSHA, Room 631, Ballston

Tower No. 3, 4015 Wilson Boulevard,

Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director, Office of

Standards, Regulations and Variances,

MSHA, (703) 235–1910.

SUPPLEMENTARY INFORMATION: Since

enactment of the Federal Coal Mine

Health and Safety Act of 1969 (Coal

Act), efforts by government, labor, and

industry have resulted in significantly

lower levels of respirable dust in coal

mines. As a result, the prevalence of

pneumoconiosis, commonly referred to

as ‘‘Black Lung’’ and silicosis, has been

reduced. Despite this progress, the most

recent medical evidence indicates that

miners continue to be at risk of

developing occupational lung disease.

The annual cost to the federal

government in ‘‘Black Lung’’ disability

benefits currently exceeds $1.3 billion.

Therefore, additional steps need to be

undertaken if this disease is to be

eliminated.

Background

The 1969 Coal Act established the

first comprehensive dust standards for

coal mines in the United States. Those

standards were intended to protect the

health of miners by imposing strict

limits on the amount of respirable coal

mine dust allowed in the air that miners

breathe. Under current Mine Safety and

Health Administration (MSHA)

regulations, mine operators are required

to implement measures to control the

amount of dust in the mine atmosphere,

to obtain MSHA approval of these

measures, and to monitor through

sampling the amount of coal mine

respirable dust in the mine atmosphere

where miners work or travel. Citations

are issued and abatement is required

whenever respirable dust samples

collected either by a mine operator or by

a Federal mine inspector show

noncompliance with the dust standard.

In the 25 years since enactment of the

Coal Act, there has been a significant

reduction in coal mine respirable dust

levels. MSHA data shows that average

dust levels in most mines have been

reduced from 8.0 mg/m3 to below the

current standard of 2.0 mg/m3. During

this period, considerable knowledge and

experience have been gained in

controlling exposure to coal mine dust

and new technology has been

introduced to minimize dust generation.

Despite this progress, the National

Institute for Occupational Safety and

Health (NIOSH) issued a draft criteria

document in June 1993 which

concludes that the risk to miners of

developing coal workers’

pneumoconiosis (CWP) is greater than

had been predicted at the current

standard level. Also, to reduce the risk

of silicosis, the document proposed

lowering the existing standard by 50

percent.

The cost to the Federal government in

‘‘Black Lung’’ disability benefits also

dictates that we take action to eliminate

these diseases. In fiscal year 1993, over

75,000 former miners were receiving

black lung benefits at an annual cost of

$1.3 billion. In the 25 years since

passage of legislation to compensate

miners and their dependents for black

lung, the Departments of Labor and

Health and Human Services have paid

benefits totaling over $30 billion.

Recent events also have raised serious

concerns about the respirable coal mine

dust sampling program and have

resulted in all segments of the mining

community recognizing that

improvements must be made in the

program. However, there are significant

differences of opinion among

representatives of government, labor

and industry over the specific action

needed to be taken. These differences

involve three primary issues.

They are:

The Current Risk to Miners of Coal

Workers Pneumoconiosis (CWP)

Recent studies by British scientists

and by NIOSH indicate that the risk of

developing the most serious form of

CWP at the present standard is higher

than had been previously believed.

However, the Australians have reported

that they have no evidence of CWP at

levels greater than our present 2.0 mg/

m 3 standard. Additionally, although

most reports indicate that levels of

respirable coal mine dust are generally

below 2.0 mg/m 3, the recent evidence of

tampering with respirable dust samples

raises questions about the dust exposure

levels of miners in United States coal

mines.

The Strategy for Monitoring Respirable

Coal Mine Dust

There are significant differences of

opinion concerning the role of MSHA,

the mine operator and the miners’

representative in the monitoring

process. Also, the future potential to

continuously monitor respirable coal

mine dust with new equipment would

require a revised approach to sampling

which may raise differences in opinion.

The Adequacy of Existing Control

Measures

There needs to be a review of the

engineering controls to maintain

exposures at or below the standard for

all methods of mining and how those

controls can be improved.

In accordance with the provisions of

the Federal Mine Safety and Health Act

of 1977 (Mine Act) and the Federal

Advisory Committee Act (FAC), and

after consultation with the General

Services Administration, I have

determined that the establishment of a

short-term advisory committee to

address the elimination of

pneumoconiosis among coal miners is

in the public interest. I am establishing

the committee under Sections 101(a)

and 102(c) of the Mine Act and the FAC

Act to address this issue at surface and

underground coal mines.

The committee shall make

recommendations to me for improved

standards, or other appropriate actions,

on 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

operator’s current sampling program to

determine the actual levels of dust

concentrations to which miners are

exposed.

As required by Section 102(c) of the

Mine Act, the majority of the committee

will be composed of individuals who

have no economic interest in the mining

industry and who are not operators,

miners, or officers or employees of the

Federal, state, or local government.

There will be seven committee

members: one representing labor, one

representing industry, and five persons

who have no economic interest in the

industry.

The committee will function solely as

an advisory body and in compliance

with the provisions of the FAC Act. In

accordance with FAC Act, its charter

will be filed 15 days from the date of

this publication.

Interested persons are invited to

submit comments regarding the

establishment of the committee, within

the allowable time, to Patricia W.

Silvey, Director, Office of Standards,

Regulations and Variances, MSHA, at

the address listed above.

Dated: December 2, 1994.

Robert B. Reich,

Secretary of Labor.

[FR Doc. 95–2287 Filed 1–26–95; 10:59 am]

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