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DOL/MSHA RIN: 1219-AB18 Publication ID: Fall 2007
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 will determine the next course of action after a review of all data and test results.

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
Legal Authority: 30 USC 811
Legal Deadline: None

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
Energy Effects: No Included in the Regulatory Plan: No
RIN Information URL: Public Comment URL:
Initial (Administrative Startup and /or Capital) Cost: $0 Yearly (Annual Operating) Cost: $0
Related RINs: Related to 1219-AB14, Related to 1219-AB48
Agency Contact:
Patricia W. Silvey
Director, Office of Standards, Regulations, and Variances
Mine Safety and Health Administration
Room 631,1100 Wilson Boulevard,Room 2350
Arlington,VA 22209-3939
Phone:202 693-9440
Fax:202 693-9441