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GAO-09-327R 1 (2009-01-29)

handle is hein.gao/gaobadwwr0001 and id is 1 raw text is: 


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T I  M Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-317723


          January 29, 2009

          The Honorable Edward M. Kennedy
          Chairman
          The Honorable Michael B. Enzi
          Ranking Minority Member
          Committee on Health, Education, Labor, and Pensions
          United States Senate

          The Honorable George Miller
          Chairman
          The Honorable Howard P. Buck McKeon
          Ranking Minority Member
          Committee on Education and Labor
          House of Representatives

          Subject: Department of Labor; Mine Safety and Health Administration: Refuge
                  Alternatives for Underground Coal Mines

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Labor, Mine Safety and Health
          Administration (MSHA), entitled Refuge Alternatives for Underground Coal Mines
          (RIN: 1219-AB58). We received the rule on January 14, 2009. It was published in the
          Federal Register as a final rule on December 31, 2008. 73 Fed. Reg. 80,656.

          The final rule establishes MSHA requirements for refuge alternatives in underground
          coal mines and the training of miners in their use. The final rule requires that mine
          operators include refuge alternatives in their required Emergency Response Plans.
          The final rule includes requirements for the testing and approval of refuge
          alternatives and components of refuge alternatives; requirements for assuring that
          refuge alternatives are readily available, capable of sustaining trapped miners for
          96 hours, and maintained in operating condition; and requirements for training
          miners to locate, deploy and use, maintain, and transport refuge alternatives.

          Enclosed is our assessment of the MSHA's compliance with the procedural steps
          required by section 801(a) (1) (B) (i) through (iv) of title 5 with respect to the rule.
          Our review indicates that MSHA complied with the applicable requirements.


GAO-09-327R

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