30 CFR Parts 6, 18, 19, 20, 21, 22, 23, 26, 27, 29, 33, and 35
RIN 1219-AA87
Testing and Evaluation by Nationally Recognized Testing Laboratories and Use of Equivalent Testing and Evaluation Requirements
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Proposed rule; notice of rescheduled public hearing and close of record.
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SUMMARY: The Mine Safety and Health Administration (MSHA) has rescheduled the public hearing on its proposed regulations for testing and evaluation of products by nationally recognized testing laboratories (NRTL) and the use of equivalent testing and evaluation requirements. The purpose of the hearing is to receive relevant comments on the proposed changes to MSHA's regulations for the approval of products for use in underground mines and to respond to questions from the public about these proposed changes.
DATES: The hearing will be held on Tuesday, April 30, 1996, in Washington, PA beginning at 9:00 a.m. The public record will close on May 31, 1996.
ADDRESSES: The hearing will be held at the Meadowlands Holiday Inn, Conference Center Suite, 340 Race Track Road, Washington, Pennsylvania 15301. For hotel reservations call Loretta at 412-222-6200.
Send requests to make oral presentations to the Mine Safety and Health Administration; Office of Standards, Regulations, and Variances; 4015 Wilson Boulevard, Room 631; Arlington, VA 22203. Requests to make oral presentations also can be faxed or called in to the MSHA, Office of Standards, Regulations, and Variances at 703-235-1910, fax: 703-235- 5551.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; Office of Standards, Regulations, and Variances; 703-235-1910.
SUPPLEMENTARY INFORMATION:
I. Background
On November 30, 1994, MSHA published a proposed rule (59 FR 61376) to revise its existing standards for testing and evaluating products for approval for use in underground mines. The comment period closed on February 21, 1995.
The proposal would require manufacturers of certain products to use a private sector laboratory recognized by the Occupational Safety and Health Administration (OSHA) as a Nationally Recognized Testing Laboratory (NRTL) to perform the necessary testing and evaluation for MSHA approvals. This proposed rule would revise MSHA's testing and evaluation responsibilities and allow the Agency to expand its post- approval product audit program and pursue the evaluation of new safer technology as applied to underground mining products.
MSHA specifically solicits additional suggestions and comments on these issues at the public hearing, as well as comments on any other aspects of the proposed rule.
II. Conduct of Hearing
The hearing will be conducted in an informal manner by a panel of MSHA officials. The order of appearance of persons making presentations will be determined by the Agency and, immediately before the hearing, any unallotted time will be made available to persons making late requests. Although formal rules of evidence will not apply, the presiding official may exercise discretion in excluding irrelevant or unduly repetitious material and questions.
The hearing will begin with an opening statement from MSHA followed by an opportunity for members of the public to make oral presentations. During these presentations, the hearing panel will be available to answer relevant questions. At the discretion of the presiding official, speakers may be limited to a maximum of 20 minutes for their presentations. Time will be made available at the end of the hearings for rebuttal statements.
Verbatim transcripts of the proceedings will be taken and made a part of the rulemaking record. Copies of the hearing transcript will be made available for review by the public.
MSHA also will accept additional written comments and other appropriate data from any interested party, including those not presenting oral statements. Written comments and data submitted to MSHA will be included in the rulemaking record. To allow for the submission of any post-hearing comments, the record will remain open until May 31, 1996.
Dated: March 29, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 96-8751 Filed 4-8-96; 8:45 am]
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