Public Input in Development of Program Policy Letters; Withdrawal of Program Policy Letters

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

Public Input in Development of Program Policy Letters; Withdrawal

of Program Policy Letters

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is

inaugurating a process to voluntarily solicit public comment on certain

draft policy statements before the statements are final. MSHA also

announces the withdrawal of the following Program Policy Letters (PPL):

PPL No. P94-IV-2, First Aid Training For Selected Supervisors; PPL No.

P94-IV-4, Ventilation Plan; and PPL No. P94-IV-5, Examination of

Working Places.

FOR FURTHER INFORMATION CONTACT:Marvin Nichols, Administrator for Coal

Mine Safety and Health, 703-235-9423, or Vernon Gomez, Administrator

for Metal and Nonmetal Mine Safety and Health, 703-235-1565.

SUPPLEMENTARY INFORMATION:

Public Input in Program Policy Letters

MSHA updates its policies for enforcement of safety and health

regulations through Program Policy Letters. These Program Policy

Letters are not regulations and impose no new regulatory requirements.

The Program Policy Letters are Agency interpretations of what existing

MSHA regulations require and explain how regulations work or apply.

Program Policy Letters are used by MSHA and the mining community,

including mine operators, miners, and equipment manufacturers, as

guidance in determining how best to comply with MSHA safety and health

regulations. Once adopted, the policy statements are published in the

MSHA program policy manual and given wide distribution both within the

Agency and in the public.

The mining community has expressed concerns about MSHA's process

for interpreting mandatory standards. MSHA believes that compliance may

be improved if the interested public has the opportunity to provide

input and so participate in the development of policy.

Accordingly, MSHA is announcing a new process to voluntarily

solicit public comment on certain draft Program Policy Letters. MSHA

will publish a Notice in the Federal Register explaining the need for

the draft policy statement and requesting public comment on the

designated draft policy. The public will have a reasonable period of

time to comment. This period of time will allow persons time to

formulate comments without impeding timely issuance of the policy

statement. MSHA also will make efforts to notify interested persons

such as company safety directors and miners' representatives directly.

This will further assure that those individuals have the opportunity to

comment on issues of immediate concern to them and provide MSHA useful

feedback from the mining community at large. MSHA will also experiment

with other methods of encouraging input from affected miners and

operators including public meetings in the mining communities and use

of local media outlets. MSHA will consider the public comments before

taking final action on the policy statement.

MSHA emphasizes that it is not legally required to submit its draft

policy statements for public comment. The Agency has determined as a

matter of discretion that public participation in the policy setting

process may be beneficial as discussed above. The Agency will select

the new or revised Program Policy Letters that it considers appropriate

for public comment. Policies which respond to safety and health

emergencies or pertain to routine, non-controversial matters will not

be considered for public comment. This new process is subject to change

by the Agency as experience and circumstances dictate. This policy

making process is not rulemaking; therefore, Agency decisions made

pursuant to this process are not subject to judicial review under

section 101(d) of the Federal Mine Safety and Health Act of 1977. When

enforcement actions are taken consistent with a Program Policy Letter

they are subject to review by the independent Federal Mine Safety and

Health Review Commission.

Withdrawal of Program Policy Letters

In initiating the new process for public input to Program Policy

Letters, MSHA is withdrawing three recent Program Policy Letters. These

Program Policy Letters are PPL No. P94-IV-2 (30 CFR 56/57.18010--First

Aid Training For Selected Supervisors), PPL No. P94-IV-4 (30 CFR

57.8520--Ventilation Plan), and PPL No. P94-IV-5 (30 CFR 56/57.18002--

Examination of Working Places).

Two of those Program Policy Letters (First Aid Training for

Selected Supervisors and Examination of Working Places) are the subject

of notices soliciting public comment elsewhere in this edition of the

Federal Register.

Dated: February 16, 1995.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

[FR Doc. 95-4340 Filed 2-16-95; 4:31 pm]

BILLING CODE 4510-43-M