[Federal Register: July 7, 2000 (Volume 65, Number 131)]
[Proposed Rules]
[Page 42185-42186]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
30 CFR Part 72
RIN 1219-AB18
Determination of Concentration of Respirable Coal Mine Dust
AGENCIES: Mine Safety and Health Administration (MSHA), Labor. National
Institute for Occupational Safety and Health (NIOSH), Centers for
Disease Control and Prevention, Department of Health and Human
Services.
ACTION: Proposed rule; notice of public hearings; close of record.
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SUMMARY: The Mine Safety and Health Administration (MSHA) and the
National Institute for Occupational Safety and Health (NIOSH) will hold
public hearings to receive comments on the joint notice of proposed
rulemaking published in the Federal Register on July 7, 2000.
The proposal announced that the Secretary of Labor and the
Secretary of Health and Human Services (the Secretaries) would find in
accordance with sections 101 and 202(f)(2) (30 U.S.C. Secs. 811 and
842(f)(2)) of the Federal Mine Safety and Health Act of 1977 (Mine Act)
that the average concentration of respirable dust to which each miner
in the active workings of a coal mine is exposed can be accurately
measured over a single shift (single, full-shift sampling). The
Secretaries are proposing to rescind a previous 1972 finding by the
Secretary of the Interior and the Secretary of Health, Education and
Welfare, on the accuracy of single-shift sampling.
These hearings will be held pursuant to section 101 of the Mine
Act.
Please also see the public hearing notice addressing verification
of dust control plans (plan verification) published separately by MSHA
in today's Federal Register.
DATES: If individuals or organizations wish to make an oral
presentation for the record at the hearing, please 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
locations:
(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)
Prestonsburg, Kentucky
(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
verification proposal.
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.
ADDRESSES: 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 and the following
locations:
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.
I. Background
On July 7, 2000, the Secretary of Labor and the Secretary of Health
and Human Services (the Secretaries) jointly published a notice of
proposed rulemaking finding in accordance with sections 101 (30 U.S.C.
811) and 202(f)(2) (30 U.S.C. 842(f)(2)) of the Federal Mine Safety and
Health Act of 1977 (Mine Act) that the average concentration of
respirable dust to which each miner in the active workings of a coal
mine is exposed can be accurately measured over a single shift. The
Secretaries are proposing to rescind a 1972 finding by the Secretary of
the Interior and the Secretary of Health, Education, and Welfare, on
the accuracy of such single-shift sampling.
II. Conduct of Public Hearings
The hearings will be conducted in an informal manner with a panel
of MSHA and NIOSH representatives, chaired by Marvin W. Nichols, Jr.
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 questions.
Each session will begin with an opening statement from MSHA and
NIOSH, followed by an opportunity for members of the public to make
oral
[[Page 42186]]
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, MSHA and NIOSH will schedule speakers in a manner
that allows all points of view to be heard as effectively as possible.
If necessary, the hearing time will be extended into the evening to
allow interested parties an opportunity to speak.
Verbatim transcripts of the proceedings will be prepared and made a
part of the rulemaking record. MSHA and NIOSH will make available
copies of the hearing transcripts for public review.
MSHA and NIOSH 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 MSHA and NIOSH 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 close on August 24, 2000.
Dated: June 30, 2000.
Robert A. Elam,
Deputy Assistant Secretary for Mine Safety and Health.
Dated: June 30, 2000.
Linda Rosentock,
Director, National Institute for Occupational Safety and Health.
[FR Doc. 00-17129 Filed 7-6-00; 8:45 am]
BILLING CODE 4510-43-P
