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Secretary of Labor Hilda L. Solis
 

MSHA Unified Agenda - [Completed Actions]

RIN: 1219-AB18

Publication ID: Fall 2009 

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. MSHA plans to incorporate aspects of this rulemaking into the rulemaking on Occupational Exposure to Coal Mine Dust (Lowering Exposure Limit). 

Agency: Department of Labor(DOL) 

Priority: Other Significant 

RIN Status: Previously published in the Unified Agenda

Agenda Stage of Rulemaking: Completed 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 

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 

Reopening of Record; Correction 

04/01/2003 

68 FR 15691 

Incorporated Into 1219-AB64 

08/11/2009 

 

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), RIN 1219-AB48 (Continuous Personal Dust Monitor), and RIN 1219-AB64 (Occupational Exposure to Coal Mine Dust) (Lowering Exposure).

Regulatory Flexibility Analysis Required: No 

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