[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Notices]
[Pages 19211-19212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3580]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Sago Mine Explosion, Buckhannon, WV, Public Hearing

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice of public hearing.

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SUMMARY: This notice sets a date, time, place and procedures for a 
public hearing in connection with the Mine Safety and Health 
Administration's and the State of West Virginia's investigation of the 
January 2, 2006 explosion at the Sago Mine in Buckhannon, West 
Virginia.

DATES: The hearing will begin at 9 a.m e.d.t. on May 2, 2006 and at 
8:30 a.m. e.d.t. on May 3.

ADDRESSES: Benedum Campus Community Center, West Virginia Wesleyan 
College, 59 College Avenue, Buckhannon, West Virginia 26201.

FOR FURTHER INFORMATION CONTACT: Mark R. Malecki, Counsel for Trial 
Litigation, Office of the Solicitor, United States Department of Labor; 
phone: (202) 693-9341; facsimile: (202) 693-9361; electronic mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The hearing will be convened pursuant to 
Section 103(b) of the Federal Mine Safety & Health Act of 1977, 30 
U.S.C. Section 813(b). The purpose of the hearing is to assist the Mine 
Safety and Health Administration (MSHA) in carrying out its statutory 
responsibility to (1) Determine the cause(s), including possible 
contributory causes, of the explosion; (2) identify and develop 
corrective actions, procedures and strategies to prevent the occurrence 
of similar accidents; (3) obtain, utilize, and disseminate information 
related to the health and safety conditions at the Sago Mine; and (4) 
gather information with respect to mandatory safety and health 
standards. The hearing will be non-adversarial and fact-finding in 
nature and questioning will be limited to the statutory purposes.
    The hearing will be conducted jointly with officials of the State 
of West Virginia. The rules of the hearing are as follows:

1. Composition of the Hearing Panel

    The Hearing Panel will be composed of representatives of MSHA and 
representatives of the State of West Virginia. The Hearing Panel will 
be headed by a Chairperson who shall be selected by the State of West 
Virginia. The Chairperson shall have the authority to administer oaths, 
regulate the conduct of the public hearing, and rule on any procedural 
questions or objections.

2. Witness Testimony

    a. Witness testimony will be presented in panels according to 
topics selected in advance by representatives of MSHA and the State of 
West Virginia.
    b. Each witness shall take an oath and opening statements or 
presentations on behalf of the witness or the panel will be limited at 
the discretion of the Chairperson.
    c. Witnesses may use visual aids, demonstrative exhibits or 
documents but should make arrangements in advance with the Chairperson 
to assure that such materials can be adequately displayed in the 
allotted time and that there are means by which the objects or 
documents may be entered into the record.
    d. Following the presentation of witness' statements, 
representatives of MSHA and the State of West Virginia may question the 
witness and ask clarifying questions.
    e. Following the conclusion of the initial statements and questions 
by the Secretary's representatives and State officials, a designated 
representative of the families who lost relatives in the mine explosion 
on January 2, 2006 shall have the opportunity to ask questions of the 
witnesses on the panel. The Chairperson shall have the authority to 
consider whether the question is relevant and appropriate, and if so, 
the witness shall answer the question. Other persons may submit 
questions in writing to the Chairperson, who shall ask the questions 
that he believes are relevant and appropriate to ask of the witnesses. 
All the questions submitted during the hearing shall be retained and 
entered into the public hearing record. The Chairperson may direct 
specific questions to particular witnesses to be responded to in 
writing for inclusion in the hearing record.
    f. The testimony of witnesses, including statements and responses 
to questions shall be transcribed and made part of the public record. 
The transcripts of witness interviews taken during the joint MSHA--WV 
Sago accident investigation, including exhibits, shall be made part of 
the record of this public hearing unless otherwise subject to 
privilege.
    g. Any material or documents gathered pursuant to the Sago accident 
investigation may be made part of the record of the public hearing at 
the discretion of MSHA and the State of West Virginia.

[[Page 19212]]

3. Issuance of Subpoenas

    The Chairperson shall have the authority to issue subpoenas for the 
purpose of securing the attendance of witnesses to provide testimony 
and the production of relevant documents or objects or testimony. If a 
witness appears to testify pursuant to subpoena, MSHA and the State of 
West Virginia shall pay all normally applicable witness fees.

4. Attendance of Spectators and Media

    The public hearing is open to the public; however, MSHA and State 
of West Virginia have the authority to put reasonable limitations on 
use of transcription devices, videotape cameras, still cameras, camera 
lights and camera flash lights. MSHA and State of West Virginia have 
the right to restrict persons from entering into the hearing room if 
they believe their conduct will be disruptive and have the right to 
restrict the number of spectators to the capacity of the meeting room.

    Dated: April 10, 2006.
David G. Dye,
Acting Assistant Secretary for Mine Safety and Health.
[FR Doc. 06-3580 Filed 4-11-06; 11:08 am]
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