The ``Significant and Substantial'' Phrase in Sections 104 (d) and (e) of the Federal Mine Safety and Health Act of 1977; Suspension of Interpretative Bulletin

DEPARTMENT OF LABOR

Mine Safety and Health Administration

The ``Significant and Substantial'' Phrase in Sections 104 (d)

and (e) of the Federal Mine Safety and Health Act of 1977; Suspension

of Interpretative Bulletin

On February 5, 1998 (63 FR 6012), the Mine Safety and Health

Administration (MSHA) issued an Interpretative Bulletin which set forth

the Agency's interpretation of the statutory phrase ``* * *

significantly and substantially contribute to the cause and effect of a

coal or other mine safety or health hazard * * *'' and which announced

that MSHA would challenge an interpretation of that language by the

Federal Mine Safety and Health Review Commission.

In response to concerns raised by the mining industry, on February

20, 1998 (63 FR 8692), the Agency announced a 60-day comment period on

the implementation and impact of the interpretation of that phrase.

During the comment period, the mining industry presented views that the

approach set out in the Interpretative Bulletin would be overly-

inclusive, resulting in an application that would classify virtually

all violations as S&S. This was not MSHA's intent.

The Agency's purpose was to seek an application of the phrase that

would recognize that serious hazards which have a real possibility of

causing death or serious injury or illness should properly be

classified and addressed as S&S violations.

Upon consideration of the views presented to date, the Agency

believes that further dialogue on the application of the statutory

phrase ``significant and substantial'' would better serve all segments

of the mining community. By this notice, MSHA is hereby suspending the

Interpretative Bulletin and the applicable provisions of the Program

Information Bulletin issued on February 5. MSHA will continue to accept

written comments on this matter.

Dated: April 20, 1998.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and Health.

[FR Doc. 98-10911 Filed 4-21-98; 10:23 am]

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