[Federal Register Volume 59, Number 146 (Monday, August 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18654]


[[Page Unknown]]

[Federal Register: August 1, 1994]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

 

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

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Extension of comment period; close of record.

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SUMMARY: In response to requests from the mining community for 
additional time in which to prepare post-hearing comments, the Mine 
Safety and Health Administration (MSHA) is extending the period for 
public comment on the February 18, 1994, notices addressing changes to 
the Federal respirable dust program for coal miners. The comment period 
will be extended for the notices which address: (1) the use of single, 
full-shift respirable dust measurements to determine noncompliance 
under the MSHA coal mine respirable dust program; and (2) the 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.

DATES: All comments and information must be submitted on or before 
September 30, 1994. Commenters are encouraged to send comments on a 
computer disk with their original comments in hard copy.

ADDRESSES: Send comments to the Mine Safety and Health Administration, 
Office of Standards, Regulations, and Variances, 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: 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 National Institute for Occupational Safety and Health and MSHA 
proposed 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 and on July 19, 1994, in Salt Lake City, 
Utah.
    Based on comments received at the public hearings and in response 
to specific requests, the Agency intends to supplement the rulemaking 
record with additional data before September 9, 1994. Parties 
interested in reviewing this data should call the phone number listed 
in this notice. The Agency will notify all such parties as soon as the 
data is available.
    The rulemaking record was scheduled to close on August 5, 1994; 
however by this notice, the Agency is extending the comment period 
until September 30, 1994. All interested parties are encouraged to 
submit comments prior to that date.

    Dated: July 26, 1994.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 94-18654 Filed 7-29-94; 8:45 am]
BILLING CODE 4510-43-P