[Federal Register Volume 65, Number 131 (Friday, July 7, 2000)]
[Proposed Rules]
[Pages 42186-42187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17128]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 70, 75 and 90

RIN 1219-AB14


Verification of Underground Coal Mine Operators' Dust Control 
Plans and Compliance Sampling for Respirable Dust

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Proposed rule; notice of public hearings; close of record.

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SUMMARY: We will hold public hearings to receive public comments on a 
proposed rule published in the Federal Register on July 7, 2000. The 
proposal would revoke existing operator respirable dust sampling 
procedures under 30 CFR parts 70 and 90, and would require underground 
mine operators to verify the effectiveness of mine ventilation plans 
(plan verification).
    These hearings will be held pursuant to section 101 (30 U.S.C. 811) 
of the Federal Mine Safety and Health Act of 1977 (Mine Act).
    Please also see the joint public hearing notice published in 
today's Federal Register by the Department of Labor and the Department 
of Health and Human Services addressing single, full-shift sampling.

DATES: If individuals or organizations wish to make an oral 
presentation for the record, submit your request at least five days 
prior to the hearing date. However, you do not have to make a written 
request to speak. Any unalloted time will be made available to persons 
making same-day requests.
    The public hearings will be held on the following dates and 
locations:

(1) August 7, 2000 from 8:30 a.m.-5:00 p.m. (Day 1)
August 8, 2000 from 8:30 a.m.-12:00 p.m. (Day 2) (if necessary)
Morgantown, West Virginia

(2) August 10, 2000 from 8:30 a.m.-5:00 p.m. (Day 1)
August 11, 2000 from 8:30 a.m.-12:00 p.m. (Day 2) (if necessary)
Prestonsburg, Kentucky

(3) August 16, 2000 from 8:30 a.m.-5:00 p.m. (Day 1)
August 17, 2000 from 8:30 a.m.-12:00 p.m. (Day 2) (if necessary)
Salt Lake City, Utah

    To the extent possible, we would like to hear comments on the 
notices of proposed rulemaking in sequence. At each hearing site during 
the first part of Day 1 (until approximately 12:00 p.m.) we would like 
to hear comments on the single, full-shift sampling proposed rule. The 
second part of Day 1 we would like to hear comments on the plan 
verification proposal. If a second day of hearings is necessary at a 
hearing site, we would devote this time to hear comments on the plan 
verification proposal.
    If necessary, the time can be extended each day to give all 
interested parties an opportunity to present testimony.
    The rulemaking record will close on August 24, 2000.

ADDRESSES: You may use mail, facsimile (fax), or electronic mail to 
send us your requests to make oral presentations at the public 
hearings. Clearly identify your requests and send them-- (1) By mail to 
Carol J. Jones, Director, Office of Standards, Regulations, and 
Variances, MSHA, 4015 Wilson Boulevard, Room 631, Arlington, VA 22203;
    (2) By fax to MSHA, Office of Standards, Regulations, and 
Variances, 703-235-5551; or
    (3) By electronic mail to [email protected].
    The hearings will be held on the following dates at the following 
locations:

1. August 7 and 8,* 2000, Holiday Inn, 1400 Saratoga Avenue, 
Morgantown, West Virginia 26505, 304-599-1680.
2. August 10 and 11,* 2000, Holiday Inn, 1887 N US 23, Prestonsburg, 
Kentucky 41653, 606-886-0001.
3. August 16 and 17,* 2000, Hilton Salt Lake City Center, 255 S West 
Temple, Salt Lake City, Utah 84101, 801-328-2000.
    * if necessary

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Director; Office of 
Standards, Regulations, and Variances, MSHA, 4015 Wilson Boulevard, 
Arlington, VA 22203-1984; 703-235-1910.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 7, 2000, we published a proposed rule which would revoke 
existing operator respirable dust sampling procedures under 30 CFR 
parts 70 and 90. The proposal would implement new regulations under 
which MSHA would verify the effectiveness of a mine operator's dust 
control parameters for mechanized mining units (MMUs) specified in the 
mine ventilation plan before these plans are approved. Verification 
sampling would be conducted under more typical production levels and 
for the actual length of the production shift. Please see the proposal 
published elsewhere in today's Federal Register for more information.

II. Conduct of Public Hearings

    The hearings will be conducted in an informal manner, and chaired 
by Marvin W. Nichols, Jr. on behalf of MSHA. Although formal rules of 
evidence or cross examination will not apply, the presiding official 
may exercise discretion to ensure the orderly progress of the hearings 
and may exclude irrelevant or unduly repetitious material and 
questions.
    Each session will begin with an opening statement from MSHA, 
followed by an opportunity for members of the public to make oral 
presentations. The hearing panel may ask questions of speakers. At the 
discretion of the presiding official, the time allocated to speakers 
for their presentations may be limited. In the interest of conducting

[[Page 42187]]

productive hearings, we will schedule speakers in a manner that allows 
all points of view to be heard as effectively as possible. If 
necessary, the hearings will continue into the evening to allow all 
interested parties an opportunity to speak.
    Verbatim transcripts of the proceedings will be prepared and made a 
part of the rulemaking record. We will make available copies of the 
hearing transcripts for public review.
    We will accept additional written comments and other appropriate 
data for the record from any interested party, including those not 
presenting oral statements. Written comments and data submitted to us 
will be included in the rulemaking record.

III. Close of Rulemaking Record

    To allow for the submission of post-hearing comments, the 
rulemaking record will remain open until August 24, 2000.

    Dated: June 30, 2000.
Robert A. Elam,
Deputy Assistant Secretary for Mine Safety and Health.
[FR Doc. 00-17128 Filed 7-6-00; 8:45 am]
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