Mine Safety and Health Administration
Protecting Miners' Safety and Health Since 1978
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U.S. Department of Labor Mine Safety and Health Administration Protecting Miners' Safety and Health Since 1978 |
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[April 24, 2006 (Volume 71, Number 78)] [Unified Agenda] [Page 22925] Department of Labor (DOL) Mine Safety and Health Administration (MSHA) Long-Term Actions _______________________________________________________________________ 1968. 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 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. Public hearings were held 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 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: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/07/00 65 FR 42068 Notice of Hearings; Close of Record 07/07/00 65 FR 42185 Extension of Comment Period 08/11/00 65 FR 49215 Reopen Record for Comments 03/06/03 68 FR 10940 Notice of Public Hearings; Close of Record 03/17/03 68 FR 12641 Extension of Comment Period 05/29/03 68 FR 32005 Reopen Record Comment Period End06/04/03 Extension of Comment Period; Reopening of Record 08/12/03 68 FR 47886 Reopening of Record; Correction 04/01/03 68 FR 15691 NPRM To Be Determined Regulatory Flexibility Analysis Required: Undetermined 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: Patricia W. Silvey, Acting Director, Office of Standards, Regulations, and Variances, Department of Labor, Mine Safety and Health Administration, 1100 Wilson Boulevard, Room 2349, Arlington, VA 22209-3939 Phone: 202 693-9440 Fax: 202 693-9441 Email: silvey.patricia@dol.gov Related RIN: Related to 1219-AB14 RIN: 1219-AB18 _______________________________________________________________________ |
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Mine Safety and Health Administration (MSHA) 1100 Wilson Boulevard, 21st Floor Arlington, VA 22209-3939 |
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