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DOL/MSHA 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
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: Public Comment URL:
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
1100 Wilson Boulevard, Room 2350,
Arlington, VA 22209-3939
Phone:202 693-9440
Fax:202 693-9441

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