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DOL/MSHA RIN: 1219-AB14 Publication ID: Spring 2009 
Title: Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance Sampling for Respirable Dust 
Abstract: MSHA's current standards require that all underground coal mine operators develop and follow a mine ventilation plan for each mechanized mining unit that we approve. However, we do not have a requirement that provides for verification of each plan's effectiveness under typical mining conditions. Consequently, plans may be implemented by mine operators that could be inadequate to control respirable dust. In response to comments received on the July 2000 proposed rule for MSHA to withdraw the rule, MSHA published a new proposed rule on March 6, 2003. The proposed rule would have required mine operators to verify, through sampling, the effectiveness of the dust control parameters for each mechanized mining unit specified in the approved mine ventilation plan. The use of approved powered air-purifying respirators and/or verifiable administrative controls would have been allowed as a supplemental means of compliance when MSHA had determined that all feasible engineering or environmental controls were exhausted. 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. On June 24, 2003, MSHA announced that all work on the final rule would cease and the rulemaking record would remain open in order to obtain information concerning Continuous Personal Dust Monitors being tested by NIOSH. A Federal Register notice was published on July 3, 2003, extending the comment period indefinitely. NIOSH issued a report on the continuous personal dust monitor in September 2006 and another report concerning test results in June of 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 70    30 CFR 75    30 CFR 90   
Legal Authority: 30 USC 811    30 USC 813    30 USC 961    30 USC 957   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/07/2000  65 FR 42122   
Notice of Hearings; Close of Record  07/07/2000  65 FR 42186   
Close of Record  08/11/2000    
Extension of Comment Period; Close of Record  08/11/2000  65 FR 49215   
NPRM  03/06/2003  68 FR 10784   
Notice of Public Hearing; Close of Record  03/17/2003  68 FR 12641   
Extension of Comment Period  05/29/2003  68 FR 32005   
NPRM Comment Period End  06/04/2003    
Extension of Comment Period  07/03/2003  68 FR 39881   
Notice Soliciting Additional Comments  10/00/2009    
Additional Information: This rulemaking is related to RIN 1219-AB18 (Determination of Concentration of Respirable Coal Mine Dust) and RIN 1219-AB48 (Continuous Personal Dust Monitors).
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.MSHA.gov/regsinfo.htm www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Related RINs: Related to 1219-AB18, 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