[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Notices]
[Page 9986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4340]




[[Page 9985]]

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Part IV





Department of Labor





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Mine Safety and Health Administration



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Program Policy Letters: Public Input in Development and Withdrawals; 
First Aid Training for Selected Supervisors; and Examination of Working 
Places; Notices

Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / 
Notices
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[[Page 9986]] 


DEPARTMENT OF LABOR

Mine Safety and Health Administration


Public Input in Development of Program Policy Letters; Withdrawal 
of Program Policy Letters

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is 
inaugurating a process to voluntarily solicit public comment on certain 
draft policy statements before the statements are final. MSHA also 
announces the withdrawal of the following Program Policy Letters (PPL): 
PPL No. P94-IV-2, First Aid Training For Selected Supervisors; PPL No. 
P94-IV-4, Ventilation Plan; and PPL No. P94-IV-5, Examination of 
Working Places.

FOR FURTHER INFORMATION CONTACT:Marvin Nichols, Administrator for Coal 
Mine Safety and Health, 703-235-9423, or Vernon Gomez, Administrator 
for Metal and Nonmetal Mine Safety and Health, 703-235-1565.

SUPPLEMENTARY INFORMATION: 

Public Input in Program Policy Letters

    MSHA updates its policies for enforcement of safety and health 
regulations through Program Policy Letters. These Program Policy 
Letters are not regulations and impose no new regulatory requirements. 
The Program Policy Letters are Agency interpretations of what existing 
MSHA regulations require and explain how regulations work or apply. 
Program Policy Letters are used by MSHA and the mining community, 
including mine operators, miners, and equipment manufacturers, as 
guidance in determining how best to comply with MSHA safety and health 
regulations. Once adopted, the policy statements are published in the 
MSHA program policy manual and given wide distribution both within the 
Agency and in the public.
    The mining community has expressed concerns about MSHA's process 
for interpreting mandatory standards. MSHA believes that compliance may 
be improved if the interested public has the opportunity to provide 
input and so participate in the development of policy.
    Accordingly, MSHA is announcing a new process to voluntarily 
solicit public comment on certain draft Program Policy Letters. MSHA 
will publish a Notice in the Federal Register explaining the need for 
the draft policy statement and requesting public comment on the 
designated draft policy. The public will have a reasonable period of 
time to comment. This period of time will allow persons time to 
formulate comments without impeding timely issuance of the policy 
statement. MSHA also will make efforts to notify interested persons 
such as company safety directors and miners' representatives directly. 
This will further assure that those individuals have the opportunity to 
comment on issues of immediate concern to them and provide MSHA useful 
feedback from the mining community at large. MSHA will also experiment 
with other methods of encouraging input from affected miners and 
operators including public meetings in the mining communities and use 
of local media outlets. MSHA will consider the public comments before 
taking final action on the policy statement.
    MSHA emphasizes that it is not legally required to submit its draft 
policy statements for public comment. The Agency has determined as a 
matter of discretion that public participation in the policy setting 
process may be beneficial as discussed above. The Agency will select 
the new or revised Program Policy Letters that it considers appropriate 
for public comment. Policies which respond to safety and health 
emergencies or pertain to routine, non-controversial matters will not 
be considered for public comment. This new process is subject to change 
by the Agency as experience and circumstances dictate. This policy 
making process is not rulemaking; therefore, Agency decisions made 
pursuant to this process are not subject to judicial review under 
section 101(d) of the Federal Mine Safety and Health Act of 1977. When 
enforcement actions are taken consistent with a Program Policy Letter 
they are subject to review by the independent Federal Mine Safety and 
Health Review Commission.

Withdrawal of Program Policy Letters

    In initiating the new process for public input to Program Policy 
Letters, MSHA is withdrawing three recent Program Policy Letters. These 
Program Policy Letters are PPL No. P94-IV-2 (30 CFR 56/57.18010--First 
Aid Training For Selected Supervisors), PPL No. P94-IV-4 (30 CFR 
57.8520--Ventilation Plan), and PPL No. P94-IV-5 (30 CFR 56/57.18002--
Examination of Working Places).
    Two of those Program Policy Letters (First Aid Training for 
Selected Supervisors and Examination of Working Places) are the subject 
of notices soliciting public comment elsewhere in this edition of the 
Federal Register.

    Dated: February 16, 1995.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 95-4340 Filed 2-16-95; 4:31 pm]
BILLING CODE 4510-43-M