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DOL/MSHA RIN: 1219-AB18 Publication ID: Spring 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 will publish a notice soliciting additional comments. 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 30 CFR 72   
Legal Authority: 30 USC 811   
Legal Deadline:  None
Timetable:
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   
Notice Soliciting Additional Comments  10/00/2009    
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) and RIN 1219-AB48 (Continuous Personal Dust Monitor).
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.msha.gove/regsinfo.htm www.regulations.gov   Public Comment URL: www.regulations.gov  
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
Room 631, 1100 Wilson Boulevard, Room 2350,
Arlington, VA 22209-3939
Phone:202 693-9440
Fax:202 693-9441
Email: silvey.patricia@dol.gov