[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Proposed Rules]
[Page 60611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24388]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56, 57, 58, 70, 71, 72, 75 and 90

RIN 1219-AA48


Air Quality, Chemical Substances, and Respiratory Protection 
Standards

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

ACTION: Withdrawal of proposed rule.

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

SUMMARY: This document withdraws a proposed rule that would have 
amended existing health standards for coal and metal and nonmetal mines 
to address hazardous substances, permissible exposure limits for 
certain substances, exposure monitoring, carcinogens, and respiratory 
protection programs. MSHA developed this proposed rule in 1989, and 
published a final rule addressing only abrasive blasting and drill dust 
control, on February 18, 1994. MSHA's decision to withdraw the 
remaining portions of this proposed rule was the result of changes in 
agency priorities and the possible adverse effects of unfavorable case 
law on the proposed rule.

DATES: With the exception of the final rule amendments published on 
February 18, 1994 (59 FR 8318), the proposed rule published on August 
29, 1989 (54 FR 35760), is withdrawn as of September 26, 2002.

FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Jr., Director, 
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson 
Boulevard, Room 2313, Arlington, Virginia 22209-3939, [email protected], (202)693-9440 (telephone) or (202)693-9441 
(facsimile). This document is available in alternative formats, such as 
large print and electronic format, and can be accessed on MSHA's 
internet site, http://www.msha.gov, at the ``Statutory and Regulatory 
Information'' link.

SUPPLEMENTARY INFORMATION:

A. Background

    On August 29, 1989, MSHA published, at 54 FR 35760, the proposed 
rule which would have become final in three phases. The rulemaking used 
a comprehensive, integrated approach that addressed a variety of 
complex occupational health issues. On October 19, 1989, MSHA extended 
the comment period to March 2, 1990 (54 FR 43026) and received 
extensive public comment.
    On February 18, 1994, MSHA completed, at 59 FR 8318, the first 
phase of this proposal as a final rule addressing abrasive blasting and 
drill dust control. This rule became effective on April 19, 1994.

B. Reasons for Withdrawal

    MSHA's decision to withdraw this proposed rule was the result of 
changes in agency priorities and the possible adverse effect on this 
proposed rule of the decision in AFL-CIO et. al. v. OSHA, 965 F.2d 
(11th Cir. 1992).
    It has been more than 13 years since the proposal was published and 
more than 12 years since the comments were received.
    MSHA acknowledges that the TLVs are more than 25 years old. 
However, at this point, MSHA cannot proceed without reevaluating its 
approach to the complex issues that this proposed rule addresses and 
developing alternatives using more current scientific and technical 
information.
    The proposal was structured to resolve a number of potential health 
hazards. Such a comprehensive approach to rulemaking is no longer a 
viable means to address such concerns, especially in light of the 
Eleventh Circuit decision in AFL-CIO vacating a similar OSHA standard. 
The AFL-CIO court vacated OSHA's entire air contaminants rulemaking, 
finding that the agency had not met its statutory burden in 
establishing the PELs for each of the 428 contaminants regulated by the 
standard.
    For the reasons stated herein, with the exception of provisions 
published at 59 FR 8318, the proposed rule is withdrawn. This document 
does not preclude any agency action that MSHA may find to be 
appropriate in the future.

    Dated: September 17, 2002.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 02-24388 Filed 9-25-02; 8:45 am]
BILLING CODE 4510-43-P