| DOL/MSHA |
RIN: 1219-AB18 |
Publication ID: Fall 2008
|
| Title: Determination
of Concentration of Respirable Coal Mine Dust
|
| 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 and
another report concerning test results in June 8,
2007. |
| Agency: Department of
Labor(DOL) |
Priority: Other Significant
|
| RIN Status: Previously published
in the Unified Agenda |
Agenda Stage of Rulemaking:
Long-Term Actions |
| Major: No |
Unfunded Mandates: No
|
| CFR Citation: 30 CFR
72 (To search for a specific CFR, visit the Code
of Federal Regulations.) |
| Legal Authority: 30
USC 811 |
Legal Deadline: None
|
Timetable:
| Action |
Date |
FR
Cite |
| NPRM |
07/07/2000 |
65
FR 42068 |
| Notice of
Hearings; Close of Record |
07/07/2000 |
65
FR 42185 |
| Extension of
Comment Period |
08/11/2000 |
65
FR 49215 |
| Reopen Record
for Comments |
03/06/2003 |
68
FR 10940 |
| Notice of
Public Hearings; Close of Record |
03/17/2003 |
68
FR 12641 |
| Reopening of
Record; Correction |
04/01/2003 |
68
FR 15691 |
| Extension of
Comment Period |
05/29/2003 |
68
FR 32005 |
| Reopen Record
Comment Period End |
06/04/2003 |
|
| Extension of
Comment Period; Reopening of Record |
08/12/2003 |
68
FR 47886 |
| NPRM |
To Be
Determined |
| |
| 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). |
| Regulatory Flexibility Analysis
Required: Undetermined |
Government Levels Affected:
None |
| Federalism: No |
| Included in the Regulatory Plan:
No |
| RIN Information URL: www.msha.gov/regsinfo.htm
|
Public Comment URL: www.regulations.gov
|
| RIN Data Printed in the FR:
No |
| Related RINs: Related to
1219-AB14, Related to 1219-AB48 |
Agency
Contact:
Patricia W. Silvey
Director, Office
of Standards, Regulations, and Variances
Department
of Labor
Mine Safety and Health Administration
Room 631, 1100 Wilson Boulevard, Room 2350,
Arlington, VA 22209-3939
Phone:202 693-9440
Fax:202 693-9441
Email: silvey.patricia@dol.gov
|
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