[Federal Register Volume 69, Number 142 (Monday, July 26, 2004)]
[Proposed Rules]
[Pages 44480-44481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16903]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75

RIN 1219-AA98


Low- and Medium-Voltage Diesel-Powered Electrical Generators

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

ACTION: Proposed rule; notice of public hearings; close of comment 
period.

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SUMMARY: We are announcing that we will hold four public hearings on 
the proposed rule to amend the existing standards concerning protection 
of low- and medium-voltage three-phase circuits used underground to 
allow the use of low- and medium-voltage diesel-powered electrical 
generators as an alternative means of powering electrical equipment. 
The rule would eliminate the need for mine operators to file petitions 
for modification to use these generators to power electrical equipment 
while maintaining the existing level of protection for miners.
    The hearings will be held on the same days, in the same locations, 
as the MSHA public hearings for the High Voltage Continuous Mining 
Equipment Standards (HVCM) proposed rule. These hearings will follow 
the HVCM hearings, and will begin in the afternoon. The announcement of 
the HVCM hearings was published in a separate Federal Register notice 
on Friday, July 16, 2004 (69 FR 42812).

DATES: All comments on the proposed rule, including post-hearing 
comments, must be received by October 14, 2004, the close of the 
comment period.
    The public hearing dates and locations are listed in the Public 
Hearings section under SUPPLEMENTARY INFORMATION. Individuals or 
organizations wishing to make oral presentations for the record should 
submit a request at least 5 days prior to the hearing dates. However, 
commenters do not need to submit a request in advance in order to speak 
at the hearing.

ADDRESSES: You may submit comments, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include RIN 1219-AA98 in the 
subject line of the message.
     Fax: (202) 693-9441.
     Mail/Hand Delivery/Courier: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Blvd., Room 2313, Arlington, 
Virginia 22209-3939.
Instructions: All submissions must reference MSHA and RIN 1219-AA98, 
(the Regulatory Information Number for this rulemaking).
    Docket: To access comments received, go to http://www.MSHA.gov or 
MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson 
Blvd., Room 2350, Arlington, Virginia. All comments received will be 
posted without change to http://www.msha.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Jr., Director, 
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson 
Boulevard, Room 2350, Arlington, Virginia 22209-3939. Mr. Nichols can 
be reached at [email protected] (Internet E-mail), (202) 693-9440 
(voice), or (202) 693-9441 (facsimile). This notice is available on the 
Internet at http://www.msha.gov/REGSINFO.HTM.

SUPPLEMENTARY INFORMATION:

I. Background Information

    On June 25, 2004, (69 FR 35992) we published a proposed rule in the 
Federal Register that would amend the existing standards concerning 
protection of low- and medium-voltage three-phase circuits used 
underground to allow the use of low- and medium-

[[Page 44481]]

voltage diesel-powered electrical generators as an alternative means of 
powering electrical equipment. The generators are portable and are used 
to power electrical equipment when moving the equipment in, out, and 
around the mine and when performing work in areas where permissible 
equipment is not required. The rule would eliminate the need for mine 
operators to file petitions for modification to use these generators to 
power electrical equipment while maintaining the existing level of 
protection for miners.
    Since publication of the proposed rule, we have received a request 
for a hearing on the rule.

II. Public Hearings

    We will hold four public hearings on the same days, in the same 
locations, as the MSHA public hearings for the HVCM standards. The 
hearings addressing HVCM will begin at 9 a.m. local time each day; the 
hearings addressing this proposed rule, Low- and Medium-Voltage Diesel 
Powered Electrical Generators, will be held on the same days, beginning 
at 1 p.m. and will end after the last speaker testifies. The hearings 
will be held on the following dates at the locations indicated:

------------------------------------------------------------------------
             Date                      Location            Telephone
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September 21, 2004............  Sheraton Birmingham,      (205) 324-5000
                                 2101 Richard
                                 Arrington Jr. Blvd.
                                 North, Birmingham,
                                 Alabama 35203.
September 23, 2004............  Sheraton Suites           (859) 268-0060
                                 Lexington, 2601
                                 Richmond Road,
                                 Lexington, Kentucky
                                 40509.
September 28, 2004............  Little America Hotel,     (801) 363-6781
                                 500 S Main Street,
                                 Salt Lake City, Utah
                                 84101.
September 30, 2004............  Hyatt Regency             (724) 899-1234
                                 Pittsburgh
                                 International
                                 Airport, 1111
                                 Airport Road,
                                 Pittsburgh,
                                 Pennsylvania 15231.
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    The hearings will begin with an opening statement from MSHA, 
followed by an opportunity for members of the public to make oral 
presentations. You do not have to make a written request to speak; 
however, speakers who make a request in advance will speak first. Any 
unalloted time will be made available for commenters making same-day 
requests for oral presentations. These commenters will speak in the 
order they sign in. At the discretion of the presiding official, the 
time allocated to speakers for their presentation may be limited. 
Speakers and attendees may also present information to the MSHA panel 
for inclusion in the rulemaking record.
    The hearings will be conducted in an informal manner. The hearing 
panel may ask questions of speakers. Although formal rules of evidence 
or cross examination will not apply, the presiding official may 
exercise discretion to ensure the orderly progress of the hearing and 
may exclude irrelevant or unduly repetitious material and questions.
    A verbatim transcript of the proceedings will be included in the 
rulemaking record. Copies of this transcript will be available to the 
public, and can be viewed at http://www.msha.gov.
    We will accept post-hearing written comments and other appropriate 
data for the record from any interested party, including those not 
presenting oral statements, prior to the close of the October 14, 2004 
post-hearing comment period.

    Dated: July 21, 2004.
Dave D. Lauriski,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 04-16903 Filed 7-23-04; 8:45 am]
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