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GAO-07-288R 1 (2006-12-21)

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

          B-299245


          December 21, 2006

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

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

          Subject: Department of Labor; Mine Safety and Health Administration: Emergency
                  Mine Evacuation

          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 Emergency Mine Evacuation (RIN: 1219-AB46).
          We received the rule on December 8, 2006. It was published in the Federal Register
          as a final rule on December 8, 2006. 71 Fed. Reg. 71430.

          The final rule revises the MSHA Emergency Temporary Standard (ETS), including
          requirements for increased availability and storage of self-contained self-rescue
          devices (SCSRs), improved emergency evacuation drills and SCSRs training, and the
          installation and maintenance of lifelines in underground coal mines. Also, the final
          rule requires immediate accident notification applicable to all mines.

          The final rule has an announced effective date of December 8, 2006, the date of
          publication in the Federal Register. The Congressional Review Act requires a 60-day
          delay in the effective date of a major rule from the date of publication in the Federal
          Register or receipt of the rule by Congress, whichever is later. The rule was received
          by Congress on December 8, 2006, the same date as its publication in the Federal
          Register.


GAO-07-288R

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