The secretary of the Mine Safety and Health Administration proposed a new rule intended to increase the safety of workers by ensuring proper ventilation in mines. The proposed rule required a minimum velocity of 300 feet per minute (fpm) to be kept through the ventilation regulator to ensure adequate mine ventilation. During the comment period, empirical data were submitted that suggested that requiring minimum flow was the safest alternative and, thus, the agency would not set a maximum flow. However, when the final rule was published, it provided for a maximum airflow of 500 fpm. A mining company challenged the final rule because there was no comment period to discuss maximum airflows.

CASE QUESTIONS

1. Is the maximum-airflow rule a logical outgrowth of the proposed rule? Why or why not?

2. Is the agency required to republish the rule?