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[June 28, 2004 (Volume 69, Number 123)]
[Unified Agenda]
[Pages 37817-37818]

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

Mine Safety and Health Administration (MSHA)

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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.

Timetable:
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Action                            Date                      FR Cite

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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
Email: nichols-marvin@dol.gov

Related RIN: Related to 1219-AB14

RIN: 1219-AB18

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