The Mine Act of 1977 delegates authority to the Department of Labor to develop, issue, and revise mining health or safety standards for the protection of life and prevention of injuries.
Recently Published Rulemaking Notices
MSHA recently published the following rulemaking notices in the Federal Register:
- Roof Control Plan Approval Criteria
- Ventilation Plan Approval Criteria
- Training and Retraining of Miners
- Improving and Eliminating Regulations; Permissible Lamps in Underground Coal Mines
- Improving and Eliminating Regulations; Limit of Exposure to Diesel Particulate Matter in Underground Metal and Nonmental Mines
- Improving and Eliminating Regulations; Installation of Foam Generator Systems in Underground Coal Mines
- Electrical Equipment for Coal Seams Above the Water Table
- Mining of Pillars
- Improving and Eliminating Regulations; Hazard Communication
- Powered Air Purifying Respirators (PAPRs) in Underground Mines
- Electronic Surveying Equipment in Underground Mines
- Aerial Tramways
- Drilling
- Photometers
- Trolleys
Recently Completed Rulemakings
MSHA recently issued the following final rules:
- 2024 Respirable Crystalline Silica Final Rule
- 2025 Testing, Evaluation, and Approval of Electric Motor-Driven Mine Equipment and Accessories (Part 18) Final Rule
- 2026 Improving and Eliminating Regulations; Use of Permissible Flame Safety Lamps in Underground Coal Mines Final Rule
- 2026 Improving and Eliminating Regulations; Diesel Particulate Matter Emission Limits in Underground Coal Mines Final Rule
- 2026 Improving and Eliminating Regulations; Approved Conveyor Belts in Underground Coal Mines Final Rule
- 2026 Improving and Eliminating Regulations; Blacksmith Shops Final Rule
Federal Register Documents
Access MSHA Federal Register documents including Proposed Rules, Final Rules, Technical Amendments, Petitions for Modification, Requests for Information, Advance Notices of Proposed Rulemaking, Emergency Temporary Standards, Notices and Meetings, and others published since 1994.
MSHA Final Preambles and Rule Language starting in 1995
Unified Agenda of Regulatory and Deregulatory Actions
Twice a year, each federal agency publishes a Regulatory Agenda listing all regulations that the agency plans to issue or has recently completed. Find MSHA’s current Regulatory Agenda, under the Department of Labor. Find MSHA’s historical regulatory agenda published since Fall 1995.
Information Collections
The Paperwork Reduction Act of 1995 requires that agency information collections minimize duplication and burden on the public, have practical utility, and support the proper performance of the agency's mission.
The Office of Information and Regulatory Affairs (OIRA) presents an
Information Collection Request (ICR) Dashboard, which provides the public with direct access to agency information collection requests sent to OIRA for review under the Paperwork Reduction Act. MSHA’s existing information collections are renewed every three years.
Supporting and Related Material
- Regulatory Economic Analyses in Support of Proposed and Final Rules
- Three-Year Information Collection Renewals
- Quantitative Risk Assessments
- MSHA Peer Review Agenda
Incorporations by Reference
Incorporation by reference was established by statute and allows federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. For more information, see 1 CFR Part 51.
Access a list of standards incorporated by MSHA at Standards.gov or on the Code of Federal Regulations website.
Federal Rulemaking Process
How the rulemaking process works
The rulemaking process usually has several steps. MSHA may:
- publish a Notice of Proposed Rulemaking (NPRM);
- give the public time to submit comments;
- review economic, safety, and risk information; and
- issue an interim rule, if needed.
In most cases, the process ends with a Final Rule.
Emergency Temporary Standards
The Secretary of Labor may also issue an Emergency Temporary Standard (ETS) when miners face a grave danger that requires immediate action. This authority comes from section 101(b) of the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended by the Mine Improvement and New Emergency Response (MINER) Act of 2006 (30 U.S.C. 811(b)).
An ETS takes can be enforced immediately. It also serves as a proposed rule while MSHA completes the rulemaking process. MSHA must publish a final rule within nine months after publishing the ETS.
Finding rulemaking documents
The public can find federal rulemaking documents through the Federal Docket Management System at Regulations.gov.
A rulemaking docket is the official file for a rule. It may include:
- proposed and final rules;
- hearing notices;
- extensions of public comment periods;
- economic and risk analyses;
- studies MSHA used when developing the rule; and
- comments submitted by the public.
For more information about the rulemaking process and the different types of rules, visit the Reginfo.gov FAQ page.
Please visit our Rulemaking Frequently Asked Questions Page for additional information.