[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
_______________________________________________________________________
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]
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