[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Proposed Rules]
[Page 15743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8751]



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DEPARTMENT OF LABOR

Mine Safety and Health Administration

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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