[Federal Register: July 7, 2000 (Volume 65, Number 131)]
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 70, 75 and 90
Verification of Underground Coal Mine Operators' Dust Control
Plans and Compliance Sampling for Respirable Dust
Mine Safety and Health Administration (MSHA), Labor.
Proposed rule; notice of public hearings; close of record.
We will hold public hearings to receive public comments on a
proposed rule published in the Federal Register on July 7, 2000. The
proposal would revoke existing operator respirable dust sampling
procedures under 30 CFR parts 70 and 90, and would require underground
mine operators to verify the effectiveness of mine ventilation plans
These hearings will be held pursuant to section 101 (30 U.S.C. 811)
of the Federal Mine Safety and Health Act of 1977 (Mine Act).
Please also see the joint public hearing notice published in
today's Federal Register by the Department of Labor and the Department
of Health and Human Services addressing single, full-shift sampling.
If individuals or organizations wish to make an oral
presentation for the record, submit your request at least five days
prior to the hearing date. However, you do not have to make a written
request to speak. Any unalloted time will be made available to persons
making same-day requests.
The public hearings will be held on the following dates and
(1) August 7, 2000 from 8:30 a.m.-5:00 p.m. (Day 1)
August 8, 2000 from 8:30 a.m.-12:00 p.m. (Day 2) (if necessary)
Morgantown, West Virginia
(2) August 10, 2000 from 8:30 a.m.-5:00 p.m. (Day 1)
August 11, 2000 from 8:30 a.m.-12:00 p.m. (Day 2) (if necessary)
(3) August 16, 2000 from 8:30 a.m.-5:00 p.m. (Day 1)
August 17, 2000 from 8:30 a.m.-12:00 p.m. (Day 2) (if necessary)
Salt Lake City, Utah
To the extent possible, we would like to hear comments on the
notices of proposed rulemaking in sequence. At each hearing site during
the first part of Day 1 (until approximately 12:00 p.m.) we would like
to hear comments on the single, full-shift sampling proposed rule. The
second part of Day 1 we would like to hear comments on the plan
verification proposal. If a second day of hearings is necessary at a
hearing site, we would devote this time to hear comments on the plan
If necessary, the time can be extended each day to give all
interested parties an opportunity to present testimony.
The rulemaking record will close on August 24, 2000.
You may use mail, facsimile (fax), or electronic mail to
send us your requests to make oral presentations at the public
hearings. Clearly identify your requests and send them-- (1) By mail to
Carol J. Jones, Director, Office of Standards, Regulations, and
Variances, MSHA, 4015 Wilson Boulevard, Room 631, Arlington, VA 22203;
(2) By fax to MSHA, Office of Standards, Regulations, and
Variances, 703-235-5551; or
(3) By electronic mail to zzMSHA-Comments@dol.gov
The hearings will be held on the following dates at the following
1. August 7 and 8,* 2000, Holiday Inn, 1400 Saratoga Avenue,
Morgantown, West Virginia 26505, 304-599-1680.
2. August 10 and 11,* 2000, Holiday Inn, 1887 N US 23, Prestonsburg,
Kentucky 41653, 606-886-0001.
3. August 16 and 17,* 2000, Hilton Salt Lake City Center, 255 S West
Temple, Salt Lake City, Utah 84101, 801-328-2000.
* if necessary
FOR FURTHER INFORMATION CONTACT:
Carol J. Jones, Director; Office of
Standards, Regulations, and Variances, MSHA, 4015 Wilson Boulevard,
Arlington, VA 22203-1984; 703-235-1910.
On July 7, 2000, we published a proposed rule which would revoke
existing operator respirable dust sampling procedures under 30 CFR
parts 70 and 90. The proposal would implement new regulations under
which MSHA would verify the effectiveness of a mine operator's dust
control parameters for mechanized mining units (MMUs) specified in the
mine ventilation plan before these plans are approved. Verification
sampling would be conducted under more typical production levels and
for the actual length of the production shift. Please see the proposal
published elsewhere in today's Federal Register for more information.
II. Conduct of Public Hearings
The hearings will be conducted in an informal manner, and chaired
by Marvin W. Nichols, Jr. on behalf of MSHA. Although formal rules of
evidence or cross examination will not apply, the presiding official
may exercise discretion to ensure the orderly progress of the hearings
and may exclude irrelevant or unduly repetitious material and
Each session will begin with an opening statement from MSHA,
followed by an opportunity for members of the public to make oral
presentations. The hearing panel may ask questions of speakers. At the
discretion of the presiding official, the time allocated to speakers
for their presentations may be limited. In the interest of conducting
productive hearings, we will schedule speakers in a manner that allows
all points of view to be heard as effectively as possible. If
necessary, the hearings will continue into the evening to allow all
interested parties an opportunity to speak.
Verbatim transcripts of the proceedings will be prepared and made a
part of the rulemaking record. We will make available copies of the
hearing transcripts for public review.
We will accept additional written comments and other appropriate
data for the record from any interested party, including those not
presenting oral statements. Written comments and data submitted to us
will be included in the rulemaking record.
III. Close of Rulemaking Record
To allow for the submission of post-hearing comments, the
rulemaking record will remain open until August 24, 2000.
Dated: June 30, 2000.
Robert A. Elam,
Deputy Assistant Secretary for Mine Safety and Health.
[FR Doc. 00-17128 Filed 7-6-00; 8:45 am]
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