[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:
________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ 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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