[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4510-43-P