[Federal Register Volume 65, Number 131 (Friday, July 7, 2000)]
[Proposed Rules]
[Pages 42185-42186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17129]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

30 CFR Part 72

RIN 1219-AB18


Determination of Concentration of Respirable Coal Mine Dust

AGENCIES: Mine Safety and Health Administration (MSHA), Labor. National 
Institute for Occupational Safety and Health (NIOSH), Centers for 
Disease Control and Prevention, Department of Health and Human 
Services.

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

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SUMMARY: The Mine Safety and Health Administration (MSHA) and the 
National Institute for Occupational Safety and Health (NIOSH) will hold 
public hearings to receive comments on the joint notice of proposed 
rulemaking published in the Federal Register on July 7, 2000.
    The proposal announced that the Secretary of Labor and the 
Secretary of Health and Human Services (the Secretaries) would find in 
accordance with sections 101 and 202(f)(2) (30 U.S.C. Secs. 811 and 
842(f)(2)) of the Federal Mine Safety and Health Act of 1977 (Mine Act) 
that the average concentration of respirable dust to which each miner 
in the active workings of a coal mine is exposed can be accurately 
measured over a single shift (single, full-shift sampling). The 
Secretaries are proposing to rescind a previous 1972 finding by the 
Secretary of the Interior and the Secretary of Health, Education and 
Welfare, on the accuracy of single-shift sampling.
    These hearings will be held pursuant to section 101 of the Mine 
Act.
    Please also see the public hearing notice addressing verification 
of dust control plans (plan verification) published separately by MSHA 
in today's Federal Register.

DATES: If individuals or organizations wish to make an oral 
presentation for the record at the hearing, please 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 and 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.

I. Background

    On July 7, 2000, the Secretary of Labor and the Secretary of Health 
and Human Services (the Secretaries) jointly published a notice of 
proposed rulemaking finding in accordance with sections 101 (30 U.S.C. 
811) and 202(f)(2) (30 U.S.C. 842(f)(2)) of the Federal Mine Safety and 
Health Act of 1977 (Mine Act) that the average concentration of 
respirable dust to which each miner in the active workings of a coal 
mine is exposed can be accurately measured over a single shift. The 
Secretaries are proposing to rescind a 1972 finding by the Secretary of 
the Interior and the Secretary of Health, Education, and Welfare, on 
the accuracy of such single-shift sampling.

II. Conduct of Public Hearings

    The hearings will be conducted in an informal manner with a panel 
of MSHA and NIOSH representatives, chaired by Marvin W. Nichols, Jr. 
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 and 
NIOSH, followed by an opportunity for members of the public to make 
oral

[[Page 42186]]

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 
productive hearings, MSHA and NIOSH will schedule speakers in a manner 
that allows all points of view to be heard as effectively as possible. 
If necessary, the hearing time will be extended into the evening to 
allow interested parties an opportunity to speak.
    Verbatim transcripts of the proceedings will be prepared and made a 
part of the rulemaking record. MSHA and NIOSH will make available 
copies of the hearing transcripts for public review.
    MSHA and NIOSH 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 MSHA and NIOSH 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 close on August 24, 2000.

    Dated: June 30, 2000.
Robert A. Elam,
Deputy Assistant Secretary for Mine Safety and Health.
    Dated: June 30, 2000.
Linda Rosentock,
Director, National Institute for Occupational Safety and Health.
[FR Doc. 00-17129 Filed 7-6-00; 8:45 am]
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