December 19, 2003


Mr. John Henshaw
Assistant Secretary for Occupational Safety and Health
U.S. Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue, NW
Washington, DC  20210

Dear Mr. Henshaw:

     The Small Business Advocacy Review Panel (Panel),
established in accordance with the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA), is transmitting
to you this report on the Occupational Safety and Health
Administration's draft proposal for Occupational Exposure to
Crystalline Silica.

     The Panel consisted of representatives of the
Occupational Safety and Health Administration (OSHA), the
Office of Information and Regulatory Affairs (OIRA) of the
Office of Management and Budget (OMB), and the Office of
Advocacy (OA) within the U.S. Small Business Administration
(SBA), and was chaired by Robert Burt, Director of the
Office of Regulatory Analysis within OSHA.  The Panel
members and staff representatives included Robert Burt
(OSHA/Chair), Claudia Thurber (DOL/Office of the Solicitor
(SOL)), William Perry (OSHA/Directorate of Standards and
Guidance (DSG)), Charles Maresca (SBA/OA), Dominic Mancini
(OMB/OIRA), Loretta Schuman (OSHA/DSG), Bradford Hammock
(DOL/SOL), Ian Moar (DOL/SOL), Radwan Saade
(SBA/OA/Economist), Thomas Mockler (OSHA/Economist), and
Kathleen Martinez (OSHA/SBREFA Coordinator).

     On October 20th , the Panel was officially convened.
On November 10th , and 12th the Panel members, along with
the Small Entity Representatives (SERs), participated in a
conference call, providing the opportunity for an open
discussion regarding the draft proposal.  In addition to the
conference call, the SERs provided the Panel with their
written comments.

     The complete Panel Report is attached, including major
findings and recommendations of the Panel, a listing of the
participating SERs, and copies of their written comments.
SBREFA requires that this Panel Report and its attachments
become part of the rulemaking record and be made available
to the public through the OSHA docket office.

     In closing, the Panel wishes to thank the SERs for
their participation in the early stages of the rulemaking
process.  The Panel particularly appreciates that the SERs
took time from their busy schedules to provide the Panel
with comments.  Subsequent steps in the rulemaking process
will afford additional opportunities for public
participation and input.


Sincerely,



Robert E. Burt
Chairperson
Small Business Advocacy Review Panel
Occupational Safety and Health Administration
U.S. Department of Labor



Thomas M. Sullivan
Chief Counsel for Advocacy
Office of Advocacy
U.S. Small Business Administration



John D. Graham
Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget



Steven F. Witt
Director
Directorate of Standards and Guidance
Occupational Safety and Health Administration
U.S. Department of Labor



Claudia Thurber
Counsel for Health Standards
Office of the Solicitor
U.S. Department of Labor