Department of Labor (DOL)
Mine Safety and Health Administration (MSHA)
1965. 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.
________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/07/00 65 FR 42068 Notice of Hearings; 07/07/00 65 FR 42185 Close of Record Extension of Comment 09/08/00 65 FR 49215 Period; Close Reopen Record for 03/06/03 68 FR 10940 Comments Notice of Public 03/17/03 68 FR 12641 Hearings; Close of Record Extension of Comment 05/29/03 68 FR 32005 Period Reopen Record 06/04/03 Comment Period End Extension of Comment 08/12/03 68 FR 47886 Period; Reopening of Record 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
Related RIN: Related to 1219-AB14