United States Third Circuit

Because the Mine Safety and Health Administration's (MSHA) respirable dust sampling policy is a rule of agency procedure which does not impose a new substantive burden on mine operators, and was not intended by Congress to comprise new standards or regulations, the Guidelines are interpretive rules, and thus exempt from the requirements of notice and comment rulemaking.

Appellate Information

• Argued 01/22/2003
• Decided 05/08/2003
• Published 05/08/2003

Judges

• Before BECKER, Chief Judge, NYGAARD and AMBRO, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James P. Wallbillich, (Argued), Anthony S. Odorizzi, Cerullo, Datte & Wallbillich, Pottsville, PA, for Appellants.


• For Appellees:
  
• Jack Powasnik, (Argued), United States Department of Labor, Office of the Solicitor, Arlington, VA, for Appellees.