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[April 30, 2007 (Volume 72, Number 82)]
[Unified Agenda]

Department of Labor (DOL)
Mine Safety and Health Administration (MSHA)
Long-Term Actions


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1814. DETERMINATION OF CONCENTRATION OF RESPIRABLE COAL MINE DUST

Priority: Other Significant

Legal Authority: 30 USC 811

CFR Citation: 30 CFR 72

Legal Deadline: None

Abstract: The National Institute for Occupational Safety and Health (NIOSH) and the Mine Safety and Health Administration (MSHA) jointly proposed that a single, full-shift measurement (single sample) would accurately represent the atmospheric condition to which a miner is exposed. The proposed rule addresses the U.S. Court of Appeals' concerns raised in National Mining Association v. Secretary of Labor, 153 F.3d 1264 (11th Cir. 1998). MSHA and NIOSH reopened the rulemaking record on March 6, 2003, to obtain comments on documents added to the rulemaking record since the proposed rule was published July 7, 2000. MSHA held hearings in May 2003 and the comment period, originally scheduled to close on June 4, 2003, was extended until July 3, 2003. However, on June 24, 2003, MSHA announced that all work on the final rule would cease. On August 12, 2003, the Agencies reopened the rulemaking record and extended the comment period indefinitely. MSHA collaborated with NIOSH, miners' representatives, industry and the manufacturer to test the production prototype Continuous Personal Dust Monitor (CPDM) unit. NIOSH issued a report on the CPDM in September 2006. MSHA will determine the next course of action after a review of all data and test results.

Timetable:
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Action                            Date                      FR Cite

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NPRM                            07/07/00                    65 FR 42068
Notice of Hearings; Close of 
Record                          07/07/00                    65 FR 42185
Extension of Comment Period     08/11/00                    65 FR 49215
Reopen Record for Comments      03/06/03                    68 FR 10940
Notice of Public Hearings; Close 
of Record                       03/17/03                    68 FR 12641
Extension of Comment Period     05/29/03                    68 FR 32005
Reopen Record Comment Period End06/04/03
Extension of Comment Period; 
Reopening of Record             08/12/03                    68 FR 47886
Reopening of Record; Correction 04/01/03                    68 FR 15691
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Additional Information: This rulemaking is related to RIN 1219-AB14 (Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance Sampling for Respirable Dust) and RIN 1219-AB48 (Continuous Personal Dust Monitor).

URL For More Information:
www.msha.gov/regsinfo.htm www.regulations.gov

URL For Public Comments:
www.regulations.gov

Agency Contact: Patricia W. Silvey, Director, Office of Standards,
Regulations, and Variances, Department of Labor, Mine Safety and Health
Administration, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-3939
Phone: 202 693-9440
Fax: 202 693-9441
Email: silvey.patricia@dol.gov Related RIN: Related to 1219-AB14, Related to 1219-AB48

RIN: 1219-AB18

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