[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Notices]
[Page 3717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1677]


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

DEPARTMENT OF LABOR
Mine Safety and Health Administration
RIN 1219-AA81


Response to Recommendations of the Advisory Committee on the 
Elimination of Pneumoconiosis Among Coal Mine Workers

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Response to Advisory Committee recommendations.

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

SUMMARY: On November 14, 1996, the Advisory Committee on the 
Elimination of Pneumoconiosis Among Coal Mine Workers (Advisory 
Committee) issued its report to the Secretary of Labor. The Advisory 
Committee identified a number of issues, developed findings, and made 
recommendations on how to eliminate coal workers'' pneumoconiosis and 
silicosis. The Federal Mine Safety and Health Act of 1977 requires the 
Secretary of Labor to issue a public response to the Advisory 
Committee's recommendations. Accordingly, the Secretary, through the 
Mine Safety and Health Administration (MSHA), is responding in this 
Notice to the recommendations contained in the Advisory Committee 
report.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office 
of Standards, Regulations, and Variances, Mine Safety and Health 
Administration, 4015 Wilson Boulevard, Room 631, Arlington, Virginia 
22203; phone 703-235-1910.

SUPPLEMENTARY INFORMATION:

A. Background

    The Advisory Committee on the Elimination of Pneumoconiosis Among 
Coal Mine Workers (Advisory Committee) was established by the Secretary 
of Labor (Secretary) on January 31, 1995, in accordance with the 
provisions of the Federal Advisory Committee Act, 5 U.S.C. App. (1988), 
and the Federal Mine Safety and Health Act of 1977 (Mine Act) 30 U.S.C. 
801 (1977). The Secretary charged the Advisory Committee to make 
recommendations for improved standards, or other appropriate actions, 
on permissible exposure limits to eliminate coal workers pneumoconiosis 
and silicosis (commonly referred to as ``Black Lung'); 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 current sampling program to 
determine the actual levels of dust concentrations to which miners are 
exposed.
    On November 14, 1996, the Advisory Committee submitted its report 
to the Secretary. The report contained numerous recommendations 
directed toward elimination of coal workers'' pneumoconiosis and 
silicosis. The report concluded that:

    * * * although progress towards making mines safer from the 
health hazards of respirable coal mine dust is substantial, it is 
not sufficient to achieve the intent of the Coal Act [the 
predecessor to the Mine Act]. The Committee believes that the 
elimination of coal workers'' pneumoconiosis and silicosis requires 
a systematic approach incorporating simultaneously:
    (1) greater reduction of dust generation and entrainment; (2) 
greater reduction of ambient concentrations through better dust 
control plans; (3) improved continuous monitoring and dust sampling 
programs; (4) greater reduction of personal exposures; (5) enhanced 
training of miners and mine officials on relevant aspects of coal 
mine dust control; (6) upgraded medical surveillance programs; (7) 
more rapid intervention programs; (8) enhanced research on 
continuing vexing scientific, engineering, and medical issues; and 
(9) continuous critical evaluation of the coal mine respirable dust 
standard of 2.0 mg/m\3\ and the silica standard of 100 g/
m\3\.

    Recommendations of the Advisory Committee address each of these 
areas in detail.

B. Agency Determination

    Section 101(a)(2) of the Mine Act (30 U.S.C. 811(a)(2)) provides 
that if the Secretary of Labor determines that a rule should be 
proposed and has appointed an Advisory Committee to provide 
recommendations regarding the rule, then the Secretary shall publish a 
proposed rule, or the reasons for his determination not to publish such 
a rule, within 60 days following the Advisory Committee's 
recommendations. Accordingly, MSHA, on behalf of the Secretary of 
Labor, is responding in this Notice to the recommendations of the 
Advisory Committee.
    MSHA has completed a preliminary review of the Advisory Committee's 
recommendations. There are 20 principal recommendations set out in the 
Advisory Committee report, which are further subdivided into a total of 
approximately 100 distinct action items. The recommendations are both 
extensive and significant, and warrant thorough consideration by the 
Agency. MSHA is consequently proceeding with an in-depth evaluation of 
the recommendations, and will respond to them in an orderly fashion. 
The Agency anticipates that a comprehensive MSHA review of the 
recommendations will result in a variety of Agency actions. Based on 
its initial review, MSHA anticipates that a number of the 
recommendations may be implemented through internal MSHA administrative 
or policy changes; action on other recommendations may require 
rulemaking. In some cases, both regulatory and administrative action 
may be necessary. Many of the recommendations are general in nature and 
would require further development by MSHA to be suitable for 
publication as a proposed rule.
    MSHA is considering both rulemaking and actions other than 
rulemaking. MSHA will notify the mining community as it makes 
determinations regarding implementation of Advisory Committee 
recommendations.

    Dated: January 17, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 97-1677 Filed 1-23-97; 8:45 am]
BILLING CODE 4510-43-P