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Division of Coal Mine Workers' Compensation (DCMWC)

Notice of Proposed Rulemaking and Direct Final Rule

The Division of Coal Mine Workers' Compensation has issued proposed regulations to permit the use of digital radiography in the interpretation of x-rays for pneumoconiosis under the Federal Coal Mine Health and Safety Act of 1969, as amended. The addition of digital radiography to the current regulations is meant to supplement, not replace, current film radiography. The proposed regulations address

  • technical standards applicable to x-rays obtained using both Digital Radiography and Computed Radiography;
  • the interpretation of digital radiographs using the Guidelines for the Use of the ILO International Classification of Radiographs of Pneumoconioses, revised edition 2011;
  • the submission and storage of digital radiographs.

In addition, the proposed regulations include several changes to obsolete or unnecessary rules, particularly those that deal with claims filed prior to January 1, 1982, in accordance with Executive Order 13536.

The proposed rule is being published as both a Direct Final Rule and as a Notice of Proposed Rulemaking (NPRM.) If no substantive comments are received within the comment period, the NPRM will be withdrawn, and the Direct Rule will go into effect 30 days later.

Important Reference Materials - Information

RIN 1240-AA07: Access the Fall 2012 Unified Agenda item previously published by the Department of Labor.

78 FR 35575: Access the Notice of Proposed Rulemaking on the Federal Register’s website.

78 FR 35549: Access the Direct Final Rule on the Federal Register’s website.

PDF version of the Proposed Rule from the DCMWC website.

PDF of the Direct Final Rule from the DCMWC website.

Comments may be submitted to the Department online at (follow the instructions on that website) or by the other methods set forth in the Notice of Proposed Rulemaking. Interested parties may submit comments through August 12, 2013.