[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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