[Federal Register Volume 69, Number 162 (Monday, August 23, 2004)]
[Proposed Rules]
[Pages 51784-51785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19190]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 18 and 75

RIN 1219-AB34 and RIN 1219-AA98


High-Voltage Continuous Mining Machines and Low- and Medium-
Voltage Diesel-Powered Electrical Generators

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

ACTION: Change of hearing dates and locations; close of comment 
periods.

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SUMMARY: This document announces changes in the dates and locations of 
the public hearings for the proposed rules addressing (1) High-Voltage 
Continuous Mining Machines; and (2) Low- and Medium-Voltage Diesel 
Powered Electrical Generators. The hearings for both proposed rules 
have been rescheduled for November 2004. The hearings in Pittsburgh, 
Pennsylvania have been moved to Morgantown, West Virginia.
    The hearings for the High-Voltage Continuous Mining Machines (HVCM) 
proposed rule will be held first, starting at 9 a.m. local time each 
day; and the hearings for the proposed rule for Low- and Medium-Voltage 
Diesel PoweredElectrical Generators will follow.

DATES: The post-hearing comment period for both proposed rules will 
close on December 10, 2004.
    The public hearing dates and locations are listed in the Public 
Hearing Section under SUPPLEMENTARY INFORMATION below. 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]. You must include the Regulatory 
Identification Number (RIN) in the subject line for each rule you are 
commenting on. For comments on the proposed rule addressing Low- and 
Medium-Voltage Diesel Powered Electrical Generators include RIN 1219-
AA98 in the subject line of the message. To submit comments for the 
proposed rule addressing High-Voltage Continuous Mining Machines 
include RIN 1219-AB34 in the subject line.
     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 numbers 
1219-AA98 for the proposed rule addressing Low--and Medium-Voltage 
Diesel Powered Electrical Generators or RIN 1219-AB34 for the proposed 
rule addressing High-Voltage Continuous Mining Machines.
    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

[[Page 51785]]

at http://www.msha.gov/REGSINFO.HTM.

SUPPLEMENTARY INFORMATION:

I. Proposed Rule for High-Voltage Continuous Mining Machines

    On July 16, 2004 we published a proposed rule in the Federal 
Register (69 FR 42812) addressing design requirements for approval of 
high-voltage continuous mining machines operating in face areas of 
underground mines. The rule also proposed to establish new mandatory 
electrical safety standards for the installation, use, and maintenance 
of high-voltage continuous mining machines used in underground coal 
mines. The provisions would enable mines to safely utilize high-voltage 
continuous mining machines with enhanced safety protection from fire, 
explosion, and shock hazards without the need for mine operators to 
file petitions for modification to use high-voltage continuous mining 
machines.
    Also in that notice we announced that four public hearings would be 
held in September 2004. The post-hearing comment period was scheduled 
to close on October 14, 2004.

II. Proposed Rule for Low- and Medium-Voltage Diesel Powered Electrical 
Generators

    On June 25, 2004, we published a proposed rule in the Federal 
Register, (69 FR 35992), amending low- and medium-voltage three-phase 
circuits used underground. It would allow the use of low- and medium-
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 proposed 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.
    On July 26, 2004, we published a notice in the Federal Register, 
(69 FR 44480), announcing the dates and locations of four public 
hearings. The hearings were scheduled to be held on the same days and 
in the same locations as the hearings for the HVCM proposed rule. The 
post-hearing comment period was scheduled to close on October 14, 2004.

III. Public Hearings

    Since announcement of the public hearings for both rules, we have 
changed the dates and locations of the hearings. We will still hold 
four public hearings for both proposed rules; however, the hearings 
will be held in November, 2004 instead of September, 2004. The hearings 
addressing HVCM will begin at 9 a.m. local time each day; the hearings 
addressing Low- and Medium-Voltage Diesel Powered Electrical Generators 
will be held on the same days, beginning at 1 p.m. local time and will 
end after the last speaker testifies. The hearings will be held on the 
following dates at the locations indicated:

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             Date                      Location             Telephone
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November 4, 2004..............  Little America Hotel,     (801) 363-6781
                                 500 S Main Street,
                                 Salt Lake City, Utah
                                 84101.
November 16, 2004.............  Sheraton Birmingham,      (205) 324-5000
                                 2101 Richard
                                 Arrington Jr. Blvd.
                                 North, Birmingham,
                                 Alabama 35203.
November 18, 2004.............  Sheraton Suites           (859) 268-0060
                                 Lexington, 2601
                                 Richmond Road,
                                 Lexington, Kentucky
                                 40509.
November 30, 2004.............  Radisson Hotel at         (304) 296-1700
                                 Waterfront Place, 2
                                 Waterfront Place,
                                 Morgantown, West
                                 Virginia 26501.
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    If individuals or organizations wish to make an oral presentation, 
we ask that you submit your request at least 5 days prior to the 
hearing dates. You do not have to make a written request to speak; 
however, the speakers who make a request in advance will speak first. 
Any unallotted time will be made available for persons making same-day 
requests. These commenters will speak in the order they sign in.
    The hearings will begin with an opening statement from MSHA, 
followed by an opportunity for members of the public to make oral 
presentations to a panel. At the discretion of the presiding official, 
the time allocated to speakers for their presentation may be limited. 
Speakers and other 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.

IV. Close of Comment Periods

    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 December 10, 2004 
post-hearing comment periods.

    Dated: August 17, 2004.
Dave D. Lauriski,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 04-19190 Filed 8-20-04; 8:45 am]
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