[Federal Register Volume 66, Number 167 (Tuesday, August 28, 2001)]
[Rules and Regulations]
[Pages 45167-45169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21784]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 42, 47, 56, 57, and 77

RIN 1219-AA47


Hazard Communication

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Interim final rule; delay of effective date; re-opening of 
record; notice of public hearings; close of record.

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SUMMARY: MSHA is delaying the effective date, re-opening the record, 
and holding additional public hearings on the interim final rule for 
hazard communication (HazCom). We are re-opening the record on our 
interim final rule to provide interested persons an additional 
opportunity to comment on any issue relevant to the rulemaking. Several 
commenters expressed concern that they had not had sufficient time to 
fully analyze the interim final rule and to develop and submit 
meaningful comments. This action also will assure that operators have 
sufficient time to

[[Page 45168]]

determine what is necessary for compliance.

DATES: The effective date of the interim final rule published on 
October 3, 2000 (65 FR 59048) is delayed from October 3, 2001 until 
June 30, 2002.
    Comment Deadline and Close of Record: October 17, 2001.
    Public Hearings: September 25, 27, October 2, 4, 10, 2001.

ADDRESSES: You may use mail, electronic mail, or facsimile to send your 
comments to MSHA.
    Electronic mail (e-mail): [email protected].
    Facsimile (FAX): MSHA, Office of Standards, Regulations, and 
Variances, 703-235-5551.
    Mail: David L. Meyer, Director, Office of Standards, Regulations, 
and Variances; MSHA, 4015 Wilson Boulevard, Room 631; Arlington, VA 
22203-1984.
    Hearings: See supplementary information.

FOR FURTHER INFORMATION CONTACT: David L. Meyer, Director, Office of 
Standards, Regulations, and Variances, MSHA, 4015 Wilson Boulevard, 
Arlington, VA 22203-1984. Mr. Meyer can be reached at [email protected] (e-mail), 703-235-1910 (voice), or 703-235-5551 (fax). 
The interim final rule is on our website at www.msha.gov/hazcom/hazcom.htm.

SUPPLEMENTARY INFORMATION:

I. Information for Public Hearings.

    If you wish to make an oral presentation for the record, we 
encourage you to contact Ms. Yvonne Quinn at the address or phone 
number above at least 5 days before the hearing date to inform us of 
your intent to speak and the length of your presentation. Attendees 
also may make same-day requests to speak.
    All public hearings will begin at 9:00 a.m. and continue until all 
those who had requested in advance to speak have had an opportunity to 
do so. Any remaining time will be made available for those making same-
day requests.
    The public hearings will be held as follows:

September 25--Pittsburgh, PA

Hyatt Regency Pittsburgh International Airport, 1111 Airport Boulevard, 
Pittsburgh, PA, Phone: 724-899-6072

September 27--Beckley, WV

National Mine Health and Safety Academy, 1301 Airport Road, Beaver, WV, 
Phone: 304-256-3400

October 2--Dallas, TX

Wilson World Hotel and Suites, 4600 West Airport Freeway, Irving, TX, 
Phone: 972-513-0800

October 2--Salt Lake City, UT

Comfort Suites Airport, 171 North 2100 West, Salt Lake City, UT, Phone: 
801-715-8688

October 4--Birmingham, AL

Radisson Hotel, 808 20th Street South, Birmingham, AL, Phone: 205-933-
9000

October 4--Reno, NV

Best Western Airport Plaza Hotel & Conference Center, 1981 Terminal 
Way, Reno, NV, Phone: 775-348-6370

October 10--Evansville, IN

Days Inn Airport, 5701 Highway 41 North, Evansville, IN, Phone: 812-
464-1010

II. Background

    MSHA published the HazCom interim final rule on October 3, 2000 (65 
FR 59048), with an effective date of October 3, 2001. The HazCom 
interim final rule has been challenged by a number of mine operators 
and trade associations [U.S. Court of Appeals for the District of 
Columbia, Nos. 00-1507, 01-1068 (consolidated)]. The United Mine 
Workers of America and the United Steelworkers of America have 
intervened in the litigation. We are asking the court to hold the 
briefing schedule in abeyance pending the outcome of this reopening of 
the rulemaking record. We hope that the issues in the litigation can 
either be narrowed or rendered moot by this delay of the effective date 
and reopening of the record.
    In its October 3, 2000 notice, MSHA gave commenters until November 
17, 2000, to submit comments on the interim final rule, on their 
experience under the Occupational Safety and Health Administration's 
Hazard Communication Standard, and on any changes in the mining 
industry since the publication of the proposed rule. On December 7, 
2000, we notified all commenters and other interested persons of our 
decision to hold a public hearing in Washington, DC on December 14, 
2000. The public notice of the hearing appeared in the Federal Register 
on December 11, 2000 (65 FR 77292).
    MSHA received 22 written comments on the interim final rule and 
heard testimony from six persons at the public hearing. Commenters 
objected to what they considered to be an inadequate comment period and 
an inadequate notice of the hearing. These commenters stated that they 
did not have sufficient time to fully analyze the impact of the interim 
final rule which affected their ability to develop and submit 
meaningful comments. They also stated that many operators were unable 
to testify at the hearing because they did not have enough time to 
prepare testimony and make plans to attend the hearing. Although MSHA 
believes that the comment period and the notice of the public hearing 
were legally sufficient, we are providing further opportunity for 
public comment on the interim final rule.
    Members of the mining community have also stated that, because this 
is the first time MSHA promulgated an interim final rule, there is some 
confusion about their compliance obligations. The National Mining 
Association and the National Stone, Sand and Gravel Association have 
asked for a delay in the effective date of the interim final rule until 
we respond to their previous comments on it.
    A delay in the effective date would provide MSHA with an 
opportunity to--
     Receive any new information that is available from the 
mining community;
     Promulgate a final rule that would respond to the concerns 
and comments of the mining community;
     Inform the industry and train inspectors about the final 
rule requirements to achieve the best possible compliance;
     Prepare training materials and compliance aids, such as 
model HazCom programs, particularly for small mines; and
     Help industry incorporate HazCom's final rule requirements 
into their existing health and safety programs.
    Between now and October 3, 2001 (the interim final rule's effective 
date), there is not enough time to re-open the record, hold hearings, 
promulgate a final rule, and give industry time to comply.
    Accordingly, MSHA finds that good cause exists to delay the 
effective date of the interim final rule to June 30, 2002, without 
notice and comment. MSHA believes that, under the circumstances 
described, notice and comment on the delay would be impracticable and 
contrary to the public interest. Opening the record on the interim 
final rule for additional public hearings and comment will enhance the 
Agency's ability to promulgate a final rule that reflects the fullest 
consideration of the mining community's concerns and promotes the 
public interest.


[[Page 45169]]


    Dated: August 23, 2001.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 01-21784 Filed 8-24-01; 2:56 pm]
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