[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Notices]
[Page 56206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28711]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Sunshine Act Meeting

October 23, 1997.
TIME AND DATE: 10:00 a.m., Thursday, October 30, 1997.

PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission will hear oral argument on the 
following:
    1. Secretary of Labor v. Berwind Natural Resources Corp., et al., 
Docket Nos. KENT 94-574, etc. (Issues include whether the judge 
correctly determined that to qualify as an ``operator'' under the Mine 
Act an entity must directly or indirectly substantially participate in 
the operation, control, or supervision of the day-to-day operations of 
the mine, or have authority to do so; correctly rejected the 
Secretary's claim that the cited parent and its cited subsidiaries 
constituted a ``unitary operator'' under the Mine Act; and correctly 
determined that one of those subsidiaries was an ``operator,'' while 
the parent and two other subsidiaries were not).

TIME AND DATE: 2:00 p.m., Thursday, October 30, 1997.

PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.

STATUS: Closed [Pursuant to 5 U.S.C. 552b(c)(10)].

MATTERS TO BE CONSIDERED: It was determined by a unanimous vote of a 
quorum of the Commission that the Commission consider and act upon the 
following in closed session:
    1. Secretary of Labor v. Berwind Natural Resources Corp., et al., 
Docket Nos. KENT 94-574-R, etc. (See oral argument listing, supra, for 
issues).

TIME AND DATE: 10:00 a.m., Thursday, November 6, 1997.

PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission shall consider and act upon 
the following:
    1. Secretary of Labor v. Gouverneur Talc Co., Docket No. YORK 95-
70-M (Issues include whether the judge erred in determining that the 
operator did not violate 30 C.F.R. Sec. 57.4362, which requires that, 
following evacuation of a mine in a fire emergency, only persons 
wearing and trained in the use of mine rescue apparatus shall 
participate in rescue and firefighting operations in advance of the 
fresh air base).

TIME AND DATE: 10:00 a.m., Thursday, November 13, 1997.

PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission will hear oral argument on the 
following:
    1. Secretary of Labor v. Extra Energy, Inc., Docket No. WEVA 96-13 
(Issues include whether the judge erred in finding that the Secretary 
properly cited the operator for its independent contractor's violation 
of 30 C.F.R. Sec. 77.404(a)'s requirement that mobile equipment and 
machinery be maintained in safe operating condition and properly found 
that the operator violated 50 C.F.R. Sec. 50.10's requirement that the 
Mine Safety and Health Administration be notified of accidents).

TIME AND DATE: 2:00 p.m., Thursday, November 13, 1997.

PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.

STATUS: Closed [Pursuant to 5 U.S.C. Sec. 552b(c)(10)].

MATTERS TO BE CONSIDERED: It was determined by a unanimous vote of a 
quorum of the Commission that the Commission consider and act upon the 
following in closed session:
    1. Secretary of Labor v. Extra Energy, Inc., Docket No. WEVA 96-13 
(See oral argument listing, supra, for issues).

TIME AND DATE: 10:00 a.m., Thursday, November 20, 1997.

PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission shall consider and act upon 
the following:
    1. Secretary of Labor v. REB Enterprises, Inc. Docket No. CENT 95-
29-M, etc. (Issues include whether the judge erred in concluding that 
the operator's violations of 30 C.F.R. 57.14107(a), 57.14130(g), and 
57.14131(a) were not the result of unwarrantable failure based on his 
refusal to assign any probative weight to hearsay testimony adduced by 
the Secretary; erred in concluding that two individuals were not 
personally liable for violations of 30 C.F.R. 57.14130(g); erred in 
concluding that a violation of 30 C.F.R. 14130(a)(3) was not 
established because it was not demonstrated that a backhoe unequipped 
with a seat belt was a ``wheel loader'' or ``wheel tractor'' within the 
meaning of that standard; and erred in dismissing an order on the basis 
that it alleged a violation of the wrong standard, even though it was 
amended prior to hearing to allege a violation of the correct 
standard).
    Any person attending oral argument or an open meeting who requires 
special accessibility features and/or auxiliary aids, such as sign 
language interpreters, must inform the Commission in advance of those 
needs. Subject to 29 C.F.R. Sec. 2706.150(a)(3) and Sec. 2706.160(d).

CONTACT PERSON FOR MORE INFO: Jean Ellen (202) 653-5629 / (202) 708-
9300 for TDD Relay / 1-800-877-8339 for toll free.
Jean H. Ellen,
Chief Docket Clerk.
[FR Doc. 97-28711 Filed 10-24-97; 4:03 pm]
BILLING CODE 6735-01-M