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DOL/MSHA | RIN: 1219-AB10 | Publication ID: Fall 1998 |
Title: Safety Standards for Underground Coal Mine Ventilation | |
Abstract: MSHA is proposing to amend section 75.360(a)(1) by requiring preshift examinations to be conducted within 3 hours preceding the beginning of any 8-hour interval during which any person is scheduled to work or travel underground. MSHA's 1996 final rule revising its standards for ventilation of underground coal mines was challenged in the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit). The D.C. Circuit reviewed the validity of the rule and issued an order invalidating, on procedural grounds only, section 75.360(a)(1). ^PIn response to the order, the Agency published a notice in the Federal Register reinstating the portion of the previous regulation requiring a preshift examination to be conducted prior to the beginning of any shift. This proposed rule is identical to the standard promulgated in the 1996 final rule which was invalidated by the D.C. Circuit. ^PThe general practice in the mining industry at the time the Mine Act was enacted was for coal miners to work in shifts of 8 hours. Thus, the effect of the preshift examination requirement was that examiners conducted preshift examinations every 8 hours. However, over a period of time, overlapping work shifts and work shifts exceeding 8 hours have become common. MSHA continues to believe that it is necessary to address the issues surrounding the preshift examination interval. The proposal would clarify and standardize the application of the preshift examination requirements to assure that these examinations are concluded within appropriate time frames. ^PMSHA has determined that this proposed rule does not meet the criteria of a significant regulatory action. The proposal would cost under $1 million and will only affect approximately 230 underground coal mines. | |
Agency: Department of Labor(DOL) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 30 CFR 75.360(a)(1) | |
Legal Authority: 30 USC 811 |
Timetable:
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Additional Information: MSHA published a notice reinstating the portion of the previous regulation requiring a preshift examination be conducted prior to the beginning of any shift. June 30, 1997 (62 FR 35085). | |
Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: None |
Small Entities Affected: Businesses | |
Included in the Regulatory Plan: No | |
Agency Contact: Marvin W. Nichols Jr. Director, Office of Standards Department of Labor Mine Safety and Health Administration Room 2352, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209 Phone:202 693-9440 Fax:202 693-9441 Email: nichols-marvin@dol.gov |