[Federal Register Volume 62, Number 117 (Wednesday, June 18, 1997)]
[Proposed Rules]
[Pages 33043-33044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15942]


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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 Hearing

AGENCY: Employment standards Administration, Labor.

ACTION: Proposed rule; notice of public hearing.

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SUMMARY: This notice schedules a second public hearing on the proposed 
regulations implementing the Black Lung Benefits Act which the 
Employment Standards Administration (ESA) issued on January 22, 1997 
(62 FR 3338-3435). The first public hearing is scheduled for June 19, 
1997 in Charleston, West Virginia (62 FR 27562; 62 FR 28760).
    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 hearings is to receive 
comments on the proposed changes.

DATES: The second hearing will be held in Washington, D.C. on Tuesday, 
July 22, 1997 beginning at 9:00 a.m. Persons seeking to testify at the 
public hearing based on medical, scientific, economic or other 
technical evidence must file a notice of intent to appear accompanied 
by three copies of the evidence upon which their testimony will be 
based. The notice and evidence must be received by Tuesday, July 8, 
1997. Any other party desiring to participate must file a notice of 
intent to appear by Tuesday, July 15, 1997. Any party who has not filed 
a notice of intent to appear may be allowed to testify, at the 
discretion of the Administrative Law Judge, as time permits at the end 
of the hearing.

ADDRESSES: The second hearing will be held in the auditorium of the 
Frances Perkins Building, U.S. Department of Labor, 3rd Street and 
Constitution Avenue, N.W., Washington, D.C. 20210.

[[Page 33044]]

Notices of intent to appear and accompanying evidence, if any, must be 
sent to James L. DeMarce, Director, Division of Coal Mine Workers' 
Compensation, Room C-3520, Frances Perkins Building, 200 Constitution 
Avenue, N.W., Washington, D.C. 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:

Filing of Notices of Intent To Appear and Evidence Before the 
Hearing

    The notice of intent to appear must contain the following 
information:
    1. The name, address, organization, and telephone number of each 
person to appear;
    2. The capacity in which the person will appear;
    3. The approximate amount of time required for the presentation;
    4. A brief statement of the position that will be taken with 
respect to the proposed regulations;
    5. Whether the party intends to testify based on medical, 
scientific, economic or technical evidence. If so, three copies of that 
evidence must be attached to the notice of intent to appear.
    ESA will review each notice of intent to appear in light of the 
amount of time requested. In those instances when the requested amount 
of time exceeds 20 minutes, ESA will determine, in its sole discretion, 
whether the amount of time requested is supported by the accompanying 
documentation. If not, the participant will be notified of that fact 
prior to the hearing.

Conduct and Nature of the Hearing

    The hearing will commence at 9:00 a.m. on July 22, 1997. At that 
time, the presiding officer, an Administrative Law Judge, will resolve 
any procedural matters relating to the hearing which are delegated to 
his discretion in this notice. It is ESA's intent to provide interested 
members of the public with an opportunity to make effective oral 
presentations and to insure that these presentations proceed 
expeditiously, without procedural restraints which might impede or 
protract the rulemaking process. The hearing is primarily for the 
purpose of information gathering and therefore will be an informal 
administrative proceeding rather than an adjudicative one. The formal 
rules of evidence will not apply. The hearing is also intended to 
facilitate the development of a clear, accurate and complete record. 
Thus, questions of relevance, procedure and participation generally 
will be decided so as to favor development of the record.
    The order of appearance of persons who have filed notices of intent 
to appear will be determined by ESA. Only the Department may ask 
questions of witnesses. The presiding officer will make no decision or 
recommendation on the merits of ESA's proposal, but rather will be 
responsible for ensuring that the hearing proceeds at a reasonable pace 
and in an orderly manner. The presiding officer, therefore, will have 
all the powers necessary and appropriate to conduct a full and fair 
informal hearing, including the powers:
    1. To regulate the course of the proceedings;
    2. To dispose of procedural requests, objections and comparable 
matters;
    3. To confine the presentations to pertinent and relevant matters; 
and
    4. To regulate the conduct of those present at the hearing by 
appropriate means.
    Individuals with disabilities, who need special accommodations, 
should contact James L. DeMarce by Tuesday, July 8 at the address 
indicated in this notice.

Contents of the Rulemaking Record

    This rulemaking record will remain open through August 21, 1997 (62 
FR 27000). A verbatim transcript of the hearing will be prepared and 
made a part of the record. It will be available for public inspection 
at the Office of the Solicitor, Division of Black Lung Benefits, 200 
Constitution Avenue, NW., Suite N-2605, Washington, DC 20210. Members 
of the public may also arrange with the court reporter to purchase 
their own copies. All notices of intent to appear at the hearing and 
accompanying evidence, if any, will also be made a part of the record 
and will be available for public inspection at the above address. ESA 
will also accept additional written comments and other appropriate data 
from any interested party, including those not presenting oral 
testimony, until expiration of the comment period.

    Signed at Washington, DC, this 12th day of June, 1997.
Gene Karp,
Deputy Assistant Secretary for Employment Standards.
[FR Doc. 97-15942 Filed 6-17-97; 8:45 am]
BILLING CODE 4510-27-M