[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Proposed Rules]
[Pages 27562-27563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13166]


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DEPARTMENT OF LABOR

Employment Standards Administration

20 CFR Parts 718, 722, 725, 726 and 727

RIN 1215-AA99


Regulations Implementing the Federal Coal Mine Health and Safety 
Act of 1969, as Amended; Notice of Public Hearings

AGENCY: Employment Standards Administration, Labor.

ACTION: Proposed rule; Notice of Public Hearings.

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SUMMARY: The Employment Standards Administration (ESA) will hold public 
hearings on its proposed regulations implementing the Black Lung 
Benefits Act. The proposed regulations reflect the program's 
suggestions for change in the processing and adjudication of individual 
claims for black lung benefits. The proposal also revises the criteria 
governing the responsibility of coal mine operators to secure the 
payment of benefits to their employees and reflects many decisions 
issued by the Benefits Review Board and U.S. courts of appeals over the 
past thirteen years. ESA proposed these regulations with the goal of 
improving services, streamlining the adjudication process and updating 
the regulations' content. The purpose of the hearing is to receive 
comments on the proposed changes.

DATES: A hearing will be held on Thursday, June 19, 1997, in 
Charleston, West Virginia, from 9 a.m. to 5 p.m. A second hearing will 
be held in Washington, DC with the procedures, date and time to be 
announced in a later notice. Requests to make oral presentations for 
the record at the first hearing should be received by Friday, June 13, 
1997. Any unallotted time at the end of the hearing will be made 
available to persons present and wishing to speak who have not made 
timely requests.

ADDRESSES: The first hearing will be held at the Charleston Civic 
Center, 2nd Floor, 200 Civic Center Drive, Charleston, West Virginia 
25301. Requests to make oral presentations should be sent to James L. 
DeMarce, Director, Division of Coal Mine Workers' Compensation, Room C-
3520, Frances Perkins Building, 2000 Constitution Avenue, NW., 
Washington, DC 20210, FAX Number 202-219-8568.

FOR FURTHER INFORMATION CONTACT:
James L. DeMarce, Director, Division of Coal Mine Workers' 
Compensation, (202) 219-6692.

SUPPLEMENTARY INFORMATION: On January 22, 1997, ESA published a 
proposed rule (62 FR 3338-3435) intended to amend and revise the 
regulations implementing the Black Lung Benefits Act, subchapter IV of 
the Federal Coal Mine Health and Safety Act of 1969, as amended. The 
comment period originally closed on March 24, 1997, but was extended 
through May 23, 1997 by subsequent notice (62 FR 8201 (Feb. 24, 1997)). 
The comment period was extended once again through August 21, 1997.
    The Department has received requests for public hearings from the 
United Mine Workers of America, the National Black Lung Association and 
the National Mining Association. These organizations represent both 
individuals and companies with a strong interest in the proposed 
regulations. The Department deems it desirable to provide the 
interested community with the opportunity to make oral comment on the 
proposed regulations.
    The first hearing will be conducted in an informal manner by an ESA 
official. The formal rules of evidence will not apply. The Department 
may ask questions of expert or technical witnesses. The order of 
appearance of persons making presentations will be determined by the 
Agency. The presiding official may exercise discretion in excluding 
irrelevant or unduly repetitious material and in ensuring the orderly 
progress of the hearing. The hearing will provide the opportunity for 
members of the public to make oral presentations. At the discretion of 
the presiding official, speakers may be limited to a maximum of 20 
minutes for their presentations. Individuals with disabilities, who 
need special accommodations, should contact James L. DeMarce by Friday, 
June 13, at the address indicated in this notice.
    Verbatim transcripts of the proceedings will be prepared and made a 
part of the rulemaking record. ESA will also accept additional written 
comments and other appropriate data

[[Page 27563]]

from any interested party, including those not presenting oral 
statements, until expiration of the comment period on August 21, 1997. 
Written comments and data submitted by ESA will be included in the 
rulemaking record.

    Signed at Washington, DC, this 15th day of May, 1997.
Gene Karp,
Deputy Assistant Secretary for Employment Standards.
[FR Doc. 97-13166 Filed 5-19-97; 8:45 am]
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