Coal Mine Respirable Dust Standard; Single-Shift and Noncompliance Determinations

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Coal Mine Respirable Dust Standard; Single-Shift and

Noncompliance Determinations

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Extension of comment period; close of record.

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SUMMARY: In response to requests from the mining community for

additional time in which to prepare post-hearing comments, the Mine

Safety and Health Administration (MSHA) is extending the period for

public comment on the February 18, 1994, notices addressing changes to

the Federal respirable dust program for coal miners. The comment period

will be extended for the notices which address: (1) the use of single,

full-shift respirable dust measurements to determine noncompliance

under the MSHA coal mine respirable dust program; and (2) the joint

finding by the Secretary of Labor and the Secretary of Health and Human

Services that the average concentration of respirable dust to which

each miner in the active workings of a coal mine is exposed can be

measured accurately over a single shift.

DATES: All comments and information must be submitted on or before

September 30, 1994. Commenters are encouraged to send comments on a

computer disk with their original comments in hard copy.

ADDRESSES: Send comments to the Mine Safety and Health Administration,

Office of Standards, Regulations, and Variances, Room 631, Ballston

Tower No. 3, 4015 Wilson Boulevard, Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office

of Standards, Regulations and Variances, MSHA, (703) 235-1910.

SUPPLEMENTARY INFORMATION: On February 18, 1994, the Secretary of Labor

and the Secretary of Health and Human Services jointly published a

notice in the Federal Register (59 FR 8357) announcing a new finding

that the average concentration of respirable dust to which each miner

in the active workings of a coal mine is exposed can be accurately

measured over a single shift in accordance with section 202(f)(2) of

the Federal Mine Safety and Health Act of 1977. Based on this finding,

the National Institute for Occupational Safety and Health and MSHA

proposed to rescind the finding issued on July 17, 1971, and affirmed

on February 23, 1972.

Concurrently, MSHA published a notice in the Federal Register (59

FR 8356) announcing its intention to use both single, full-shift

respirable dust measurements, and the average of multiple, full-shift

respirable dust samples, to determine noncompliance and issue citations

for violations of the respirable dust standard under the MSHA coal mine

respirable dust program.

Public hearings on these matters were held on July 6, 1994, in

Morgantown, West Virginia and on July 19, 1994, in Salt Lake City,

Utah.

Based on comments received at the public hearings and in response

to specific requests, the Agency intends to supplement the rulemaking

record with additional data before September 9, 1994. Parties

interested in reviewing this data should call the phone number listed

in this notice. The Agency will notify all such parties as soon as the

data is available.

The rulemaking record was scheduled to close on August 5, 1994;

however by this notice, the Agency is extending the comment period

until September 30, 1994. All interested parties are encouraged to

submit comments prior to that date.

Dated: July 26, 1994.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

[FR Doc. 94-18654 Filed 7-29-94; 8:45 am]

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