[Federal Register Volume 91, Number 65 (Monday, April 6, 2026)]
[Rules and Regulations]
[Pages 17143-17144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-06584]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56 and 57
[Docket No. MSHA-2023-0001]
RIN 1219-AB36
Lowering Miners' Exposure to Respirable Crystalline Silica and
Improving Respiratory Protection; Delay of Effective Date of Conforming
Amendments
AGENCY: Mine Safety and Health Administration (MSHA), Department of
Labor.
ACTION: Final rule; delay of effective date.
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SUMMARY: MSHA is issuing this notification following a judicial stay of
the compliance deadlines established in the 2024 final rule titled
``Lowering Miners' Exposure to Respirable Crystalline Silica and
Improving Respiratory Protection'' (2024 Silica Rule). The 2024 Silica
Rule made conforming amendments for metal and nonmetal (MNM) standards
that are scheduled to take effect on April 8, 2026. Since a judicial
stay is in effect, this notification delays the conforming amendments
indefinitely, pending judicial review.
DATES: As of April 6, 2026, the effective date of amendments 4, 5, 8,
9, 13, 14, 17, and 18 published at 89 FR 28218, April 18, 2024, is
delayed indefinitely, pending judicial review. MSHA will publish a
document in the Federal Register announcing further action once the
court-ordered stay is terminated.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Acting Director,
Office of Standards, Regulations, and Variances, MSHA at 202-693-9440
(voice). This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
Background
On April 18, 2024, MSHA published the 2024 Silica Rule, which
amended MSHA's existing standards for respirable crystalline silica and
respiratory protection. The 2024 Silica Rule established 30 CFR part
60, a standalone standard for respirable crystalline silica which
lowers the permissible exposure limit (PEL) for respirable crystalline
silica at coal and MNM mines. The 2024 Silica Rule also made conforming
amendments in 30 CFR parts 56 and 57 to align with the new part 60.
The 2024 Silica Rule established an effective date of April 8,
2026, for the conforming amendments in 30 CFR parts 56 and 57. The
preamble in the 2024 Silica Rule explained that the existing standards
in 30 CFR parts 56 and 57 would remain in place until April 8, 2026, to
ensure that MNM miners would continue to be protected until the
conforming amendments were in effect (89 FR 28348).
Following publication of the 2024 Silica Rule, industry groups
filed petitions in the United States Court of Appeals for the Eighth
Circuit (Court). On April 11, 2025, the Court issued an order staying
the 2024 Silica Rule's compliance deadlines until the Court completes a
substantive review of the petition. The judicial stay delaying
compliance with the 2024 Silica Rule is still in effect. Therefore, the
existing standards in 30 CFR 56.5001, 56.5005, 57.5001, and 57.5005 are
still in effect and the conforming amendments in 30 CFR 56.5001T,
56.5005T, 57.5001T, and
[[Page 17144]]
57.5005T are delayed indefinitely, pending judicial review.
Discussion of Changes to Parts 56 and 57
In the 2024 Final Rule, MSHA provided a specific set of
instructions to the Office of the Federal Register for the conforming
amendments. The instructions established temporary sections with the
new requirements that will replace the existing sections in the CFR on
the effective date. This was required for the Federal Register to
maintain the existing standards in CFR parts 56 and 57 until April 8,
2026. In the 2024 Silica Rule, the conforming amendments were published
to temporary sections, designated by the suffix ``T'' at the end of the
section number (e.g., Sec. 56.5001T). These temporary sections
indicate how the paragraphs will read on the effective date for the
conforming amendments. On the effective date, the existing sections in
parts 56 and 57 will be removed and the temporary sections associated
with the conforming amendments will replace the existing sections
without the ``T'' designation (e.g. Sec. 56.5001T will be redesignated
Sec. 56.5001). With the redesignation, compliance with the conforming
amendments will be required.
This notification ensures the Court's order staying compliance with
the 2024 Silica Rule is carried out by indefinitely delaying the
effective date for the conforming amendments to 30 CFR parts 56 and 57.
Until the Court's stay is terminated, MNM mine operators must continue
to follow the existing standards in parts 56 and 57.
Indefinite Delay for Conforming Amendments to Parts 56 and 57
In accordance with the Court order, MSHA will continue to enforce
the existing standards in 30 CFR 56.5001, 56.5005, 57.5001, and 57.5005
indefinitely, until the Court-ordered stay is terminated and there is a
resolution on how to proceed. MSHA will also delay enforcement of the
conforming amendments in 30 CFR 56.5001T, 56.5005T, 57.5001T, and
57.5005T until that time.
Procedural Issues and Regulatory Review
This ministerial action delays the effective date for the
conforming amendments in 30 CFR parts 56 and 57 in response to the
Court-ordered mandate issued on April 11, 2025. This action is not
subject to review by the Office of Management and Budget (OMB) under
Executive Order (E.O.) 12866, ``Regulatory Planning and Review'' 58 FR
51735 (Oct. 4, 1993).
Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)(B)) provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. MSHA has determined that
there is good cause for issuing this final rule without the opportunity
for notice and comment because this ministerial action merely reflects
the Court's April 11, 2025, order staying the 2024 Silica Rule's
compliance deadlines. The Agency lacks discretion to depart from the
Court's mandate.
In addition, this action is not subject to the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.). The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
APA.
This action imposes no new information collection or recordkeeping
requirements that require approval by OMB under the Paperwork Reduction
Act (PRA) (44 U.S.C. 3501 et seq.). Accordingly, OMB clearance is not
required under the Paperwork Reduction Act.
MSHA has examined this final rule and has determined that it is
consistent with the policies and directives outlined in E.O. 14154,
``Unleashing American Energy'' 90 FR 8353 (Jan. 29, 2025); E.O. 14192,
``Unleashing Prosperity Through Deregulation'' 90 FR 9065 (Feb. 6,
2025); E.O. 14267, ``Reducing Anti-Competitive Regulatory Barriers'' 90
FR 15629 (Apr. 9, 2025); and the Presidential Memorandum, ``Delivering
Emergency Price Relief for American Families and Defeating the Cost-of-
Living Crisis'' 90 FR 8245 (Jan. 28, 2025).
As required by 5 U.S.C. 801, MSHA will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
Jessica D. Senk,
Acting Director for the Office of Standards, Regulations, and
Variances, Mine Safety and Health Administration.
[FR Doc. 2026-06584 Filed 4-3-26; 8:45 am]
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