SUMMARY: MSHA is delaying the effective date, re-opening the record,
and holding additional public hearings on the interim final rule for
hazard communication (HazCom). We are re-opening the record on our
interim final rule to provide interested persons an additional
opportunity to comment on any issue relevant to the rulemaking. Several
commenters expressed concern that they had not had sufficient time to
fully analyze the interim final rule and to develop and submit
meaningful comments. This action also will assure that operators have
sufficient time to determine what is necessary for compliance.
DATES: The effective date of the interim final rule published on
October 3, 2000 (65 FR 59048) is delayed from October 3, 2001 until
June 30, 2002.
Comment Deadline and Close of Record: October 17, 2001.
Public Hearings: September 25, 27, October 2, 4, 10, 2001.
ADDRESSES: You may use mail, electronic mail, or facsimile to send your
comments to MSHA.
Electronic mail (e-mail): zzMSHA-Comments@dol.gov.
Facsimile (FAX): MSHA, Office of Standards, Regulations, and
Variances, 703-235-5551.
Mail: David L. Meyer, Director, Office of Standards, Regulations,
and Variances; MSHA, 4015 Wilson Boulevard, Room 631; Arlington, VA
22203-1984.
Hearings: See supplementary information.
FOR FURTHER INFORMATION CONTACT: David L. Meyer, Director, Office of
Standards, Regulations, and Variances, MSHA, 4015 Wilson Boulevard,
Arlington, VA 22203-1984. Mr. Meyer can be reached at Meyer.David@dol.gov (e-mail), 703-235-1910 (voice), or 703-235-5551 (fax).
The interim final rule is on our web site at http://www.msha.gov/hazcom/hazcom.htm.
SUPPLEMENTARY INFORMATION:
I. Information for Public Hearings.
If you wish to make an oral presentation for the record, we
encourage you to contact Ms. Yvonne Quinn at the address or phone
number above at least 5 days before the hearing date to inform us of
your intent to speak and the length of your presentation. Attendees
also may make same-day requests to speak.
All public hearings will begin at 9:00 a.m. and continue until all
those who had requested in advance to speak have had an opportunity to
do so. Any remaining time will be made available for those making same-
day requests.
National Mine Health and Safety Academy, 1301 Airport Road, Beaver, WV,
Phone: 304-256-3400
October 2--Dallas, TX
Wilson World Hotel and Suites, 4600 West Airport Freeway, Irving, TX,
Phone: 972-513-0800
October 2--Salt Lake City, UT
Comfort Suites Airport, 171 North 2100 West, Salt Lake City, UT,
Phone: 801-715-8688
October 4--Birmingham, AL
Radisson Hotel, 808 20th Street South, Birmingham, AL,
Phone: 205-933-9000
October 4--Reno, NV
Best Western Airport Plaza Hotel & Conference Center, 1981 Terminal
Way, Reno, NV,
Phone: 775-348-6370
October 10--Evansville, IN
Days Inn Airport, 5701 Highway 41 North, Evansville, IN,
Phone: 812-464-1010
II. Background
MSHA published the HazCom interim final rule on October 3, 2000 (65
FR 59048), with an effective date of October 3, 2001. The HazCom
interim final rule has been challenged by a number of mine operators
and trade associations [U.S. Court of Appeals for the District of
Columbia, Nos. 00-1507, 01-1068 (consolidated)]. The United Mine
Workers of America and the United Steelworkers of America have
intervened in the litigation. We are asking the court to hold the
briefing schedule in abeyance pending the outcome of this reopening of
the rulemaking record. We hope that the issues in the litigation can
either be narrowed or rendered moot by this delay of the effective date
and reopening of the record.
In its October 3, 2000 notice, MSHA gave commenters until November
17, 2000, to submit comments on the interim final rule, on their
experience under the Occupational Safety and Health Administration's
Hazard Communication Standard, and on any changes in the mining
industry since the publication of the proposed rule. On December 7,
2000, we notified all commenters and other interested persons of our
decision to hold a public hearing in Washington, DC on December 14,
2000. The public notice of the hearing appeared in the Federal Register
on December 11, 2000 (65 FR 77292).
MSHA received 22 written comments on the interim final rule and
heard testimony from six persons at the public hearing. Commenters
objected to what they considered to be an inadequate comment period and
an inadequate notice of the hearing. These commenters stated that they
did not have sufficient time to fully analyze the impact of the interim
final rule which affected their ability to develop and submit
meaningful comments. They also stated that many operators were unable
to testify at the hearing because they did not have enough time to
prepare testimony and make plans to attend the hearing. Although MSHA
believes that the comment period and the notice of the public hearing
were legally sufficient, we are providing further opportunity for
public comment on the interim final rule.
Members of the mining community have also stated that, because this
is the first time MSHA promulgated an interim final rule, there is some
confusion about their compliance obligations. The National Mining
Association and the National Stone, Sand and Gravel Association have
asked for a delay in the effective date of the interim final rule until
we respond to their previous comments on it.
A delay in the effective date would provide MSHA with an
opportunity to--
Receive any new information that is available from the
mining community;
Promulgate a final rule that would respond to the concerns
and comments of the mining community;
Inform the industry and train inspectors about the final
rule requirements to achieve the best possible compliance;
Prepare training materials and compliance aids, such as
model HazCom programs, particularly for small mines; and
Help industry incorporate HazCom's final rule requirements
into their existing health and safety programs.
Between now and October 3, 2001 (the interim final rule's effective
date), there is not enough time to re-open the record, hold hearings,
promulgate a final rule, and give industry time to comply.
Accordingly, MSHA finds that good cause exists to delay the
effective date of the interim final rule to June 30, 2002, without
notice and comment. MSHA believes that, under the circumstances
described, notice and comment on the delay would be impracticable and
contrary to the public interest. Opening the record on the interim
final rule for additional public hearings and comment will enhance the
Agency's ability to promulgate a final rule that reflects the fullest
consideration of the mining community's concerns and promotes the
public interest.
Dated: August 23, 2001.
Dave D. Lauriski,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 01-21784 Filed 8-24-01; 2:56 pm]
BILLING CODE 4510-43-P
