[Federal Register Volume 59, Number 129 (Thursday, July 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16573]


[[Page Unknown]]

[Federal Register: July 7, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR
Mine Safety and Health Administration

 

Coal Mine Respirable Dust Standard; Single-Shift and 
Noncompliance Determinations

AGENCIES: Mine Safety and Health Administration, Labor.

ACTION: Notice of public hearings.

-----------------------------------------------------------------------

SUMMARY: The Mine Safety and Health Administration (MSHA) and the 
National Institute for Occupational Safety and Health (NIOSH) will hold 
additional hearings to receive comments on proposed changes to the 
Federal program for respirable coal mine dust. The first hearing will 
address a joint finding by the Secretary of Labor and the Secretary of 
Health and Human Services that the average concentration of respirable 
dust to which each miner in the active workings of a coal mine is 
exposed can be measured accurately over a single shift. This hearing is 
being held under section 101 of the Federal Mine Safety and Health Act 
of 1977 (Mine Act). Following that hearing, MSHA will hold a second 
hearing to receive public comments on the Agency's intent to use 
single, full-shift respirable dust measurements to determine 
noncompliance under the MSHA coal mine respirable dust standard. The 
hearings will be held in Salt Lake City, Utah.

DATES: Requests to make oral presentations should be submitted prior to 
the hearings. The hearings will be held on Tuesday, July 19, 1994. The 
joint MSHA-NIOSH hearing is scheduled from 9:00 a.m. to 12:00 p.m. The 
MSHA hearing is scheduled from 1:00 p.m. to 5:00 p.m.

ADDRESSES: Both hearings will be held at the Holiday Inn, 999 South 
Main Street, Salt Lake City, Utah 84111, (801) 395-8600.
    Send requests to make oral presentations to the Mine Safety and 
Health Administration, Office of Standards, Regulations and Variances, 
Room 631, 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: On February 18, 1994, the Secretary of Labor 
and the Secretary of Health and Human Services jointly published a 
notice in the Federal Register (59 FR 8357) announcing a new finding 
that the average concentration of respirable dust to which each miner 
in the active workings of a coal mine is exposed can be accurately 
measured over a single shift in accordance with section 202(f)(2) of 
the Federal Mine Safety and Health Act of 1977. Based on this finding, 
the Secretaries are proposing to rescind the finding issued on July 17, 
1971, and affirmed on February 23, 1972.
    Concurrently, MSHA published a notice in the Federal Register (59 
FR 8356) announcing its intention to use both single, full-shift 
respirable dust measurements, and the average of multiple, full-shift 
respirable dust samples, to determine noncompliance and issue citations 
for violations of the respirable dust standard under the MSHA coal mine 
respirable dust program.
    Public hearings on these matters were held on July 6, 1994, in 
Morgantown, West Virginia (59 FR 29348-29349). In response to requests 
from the mining community, MSHA has scheduled a second set of public 
hearings in the West. NIOSH concurs with this action and will 
participate. The hearings will be held in accordance with the same 
procedures cited in the Federal Register notices for the July 6, 1994, 
hearings.
    To allow for the submission of post-hearing comments, the record 
will remain open until August 5, 1994.

    Dated: July 5, 1994.
Edward C. Hugler,
Deputy Assistant Secretary for Mine Safety and Health.
[FR Doc. 94-16573 Filed 7-6-94; 8:45 am]
BILLING CODE 4510-43-P