[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Notices]
[Page 6382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3310]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Sunshine Act Meeting

February 3, 1999.
TIME AND DATE: 10:00 a.m., Thursday, February 11, 1999.

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

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission will consider and act upon the 
following:
    1. Secretary of Labor v. BHP Copper, Co., Docket No. WEST 98-189-RM 
(Issues include whether a mine operator is required to disclose to MSHA 
during an accident inspection the telephone number and home address of 
a miner who was a witness to the fatal accident and was not at the mine 
due to injuries suffered in the accident.)

TIME AND DATE: 10:00 a.m., Thursday, March 11, 1999.

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

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission will consider and act upon the 
following:
    1. Secretary of Labor on behalf of Kaczmarczyk v. Reading 
Anthracite Co., Docket No. PENN 97-157-D (Issues include whether the 
judge failed to apply the correct legal standard when analyzing the 
operator's affirmative defense against a discrimination claim under 30 
U.S.C. Sec. 815(c) and whether substantial evidence supports the 
judge's finding that the operator established an affirmative defense 
against a discrimination claim under 30 U.S.C. Sec. 815(c).)

TIME AND DATE: 10:00 a.m., Thursday, March 25, 1999.

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. Cyprus Cumberland Resources, Inc., Docket 
No. PENN 98-15-R (Issues include whether the judge correctly determined 
that the Secretary of Labor failed to prove the absence of an 
inspection of the Cumberland mine which disclosed no similar violations 
within the meaning of section 104(d)(2) of the Mine Act, 30 U.S.C. 
Sec. 814(d)(2).)

TIME AND DATE: The meeting will commence following upon the conclusion 
of oral argument in the case which commences at 10:00 a.m., on 
Thursday, March 25, 1999.

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 the 
Commission that the Commission consider and act upon the following in 
closed session:
    1. Secretary of Labor v. Cyprus Cumberland Resources, Inc., Docket 
No. PENN 98-15-R (See oral argument listing, supra, for issues.)
    Any person attending 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. 99-3310 Filed 2-5-99; 3:54 pm]
BILLING CODE 6735-01-M