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[December 22, 2003 (Volume 68, Number 245)]
[Unified Agenda]
[Page 73215]

Department of Labor (DOL)
(Long-Term Actions)

Mine Safety and Health Administration (MSHA)

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2090. 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 and the Mine Safety and Health Administration jointly proposed that a single, full--shift measurement (single sample) will 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 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. Public hearings were held in May 2003 and the rulemaking record, 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 will be collaborating with NIOSH, miners' representatives, industry and the manufacturer in the in--mine testing of production prototype Personal Dust Monitors (PDMs) units. The results of the collaborative effort will guide the Agency in determining the functionality of these real-- time dust monitoring devices and need for revisions to the coal respirable dust monitoring requirements.

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; 
Close                           09/08/00                    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
NPRM                             To Be                       Determined


Regulatory Flexibility Analysis Required: Yes

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).

Agency Contact: Marvin W. Nichols Jr., Director, Office of Standards, Department of Labor, Mine Safety and Health Administration, Room 2352, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209
Phone: 202 693--9440
Fax: 202 693--9441
Email: nichols-marvin@dol.gov

RIN: 1219-AB18

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Phone: (202) 693-9400

Fax-on-demand: (202) 693-9401