[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Proposed Rules]
[Pages 55800-55801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22679]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56, 57, and 66

RIN 1219-AB41


Alcohol- and Drug-Free Mines: Policy, Prohibitions, Testing, 
Training, and Assistance

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

ACTION: Proposed rule; notice of public hearing; extension of comment 
period.

-----------------------------------------------------------------------

SUMMARY: The Mine Safety and Health Administration (MSHA) will hold a 
public hearing on its proposed rule to amend the existing metal and 
nonmetal standards for the possession and use of intoxicating beverages 
and narcotics and make the new standard applicable to all mines. The 
proposed rule would also require those who violate the prohibitions to 
be removed from the performance of safety-sensitive job duties until 
they successfully complete the recommended treatment and their alcohol- 
and drug-free status is confirmed by a return-to-duty test.

DATES: All comments must be received by midnight Eastern Daylight 
Savings Time on October 29, 2008.
    MSHA will hold a public hearing on October 14, 2008. The 
SUPPLEMENTARY INFORMATION section of this notice includes details of 
the hearing.

ADDRESSES: Comments must be clearly identified with ``RIN 1219-AB41'' 
and may be sent by any of the following methods:
    (1)Federal e-Rulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    (2) Electronic mail: [email protected]. Include ``RIN 1219-
AB41'' in the subject line of the message.
    (3) Facsimile: 202-693-9441. Include ``RIN 1219-AB41'' in the 
subject line of the message.
    (4) Regular Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939.
    (5) Hand Delivery or Courier: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, Virginia. Sign in at the receptionist's desk on the 21st 
floor.
    Comments can be accessed electronically at http://www.msha.gov 
under the Rules and Regs link. MSHA will post all comments on the 
Internet without change, including any personal information provided.
    Comments may also be reviewed at the Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, Virginia. Sign in at the receptionist's desk on the 21st 
floor.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, 
[email protected] (E-mail), 202-693-9440 (Voice).

SUPPLEMENTARY INFORMATION:

I. Background

    On September 8, 2008 (73 FR 52136), MSHA published a proposed rule 
in the Federal Register that would amend the existing metal and 
nonmetal standards concerning the use of intoxicating beverages and 
narcotics and would make the new standard applicable to all mines. The 
proposed rule would designate the substances that cannot be possessed 
on mine property or used while performing safety-sensitive job duties, 
except when used according to a valid prescription. Mine operators 
would be required to establish an alcohol- and drug-free mine program, 
which includes a written policy, employee education, supervisory 
training, alcohol- and drug-testing for miners that perform safety-
sensitive job duties and their supervisors, and referrals for 
assistance for miners and supervisors who violate the policy. The 
proposed rule would also require those who violate the prohibitions to 
be removed from the performance of safety-sensitive job duties until 
they successfully complete the recommended treatment and their alcohol- 
and drug-free status is confirmed by a return-to-duty test.

II. Public Hearing

    MSHA will hold a public hearing on the proposed rule. The public 
hearing will begin at 9 a.m. Eastern Daylight Savings Time (EDST). The 
public hearing will be held via Web cast at three locations. The 
hearing will end at 5 p.m. EDST, or after the last speaker speaks. The 
hearing will be held on the following date at the locations and times 
indicated:

------------------------------------------------------------------------
           Date                    Location         Contact information
------------------------------------------------------------------------
October 14, 2008..........  Via Webcast: 9 a.m.    Office of Standards,
                             Eastern Daylight       Regulations and
                             Savings Time.          Variances 202-693-
                                                    9440.
                            Cisco Washington DC,
                             1300 Pennsylvania
                             Avenue, NW., Suite
                             250, Washington, DC
                             20004, POC: Mic
                             Keith 202-354-2904
                             (main bldg phone).
October 14, 2008..........  Via Webcast: 9 a.m.    Office of Standards,
                             Eastern Daylight       Regulations and
                             Savings Time.          Variances 202-693-
                                                    9440.

[[Page 55801]]

 
                            Cisco Pittsburgh, 323
                             North Shore Drive,
                             Pittsburgh, PA
                             15212, POC: Tom
                             Schweizer, 412-237-
                             6200 (main bldg
                             phone).
October 14, 2008..........  Via Webcast: 7 a.m.    Office of Standards,
                             Mountain Daylight      Regulations and
                             Savings Time.          Variances 202-693-
                                                    9440.
                            Cisco Englewood
                             (Denver), 9155 East
                             Nichols Avenue,
                             Suite 400,
                             Englewood, Colorado
                             80112, 720-875-2900
                             (main bldg phone),
                             POC: Shannon
                             Gonzales.
------------------------------------------------------------------------

    Persons may participate via audio only at the following locations. 
At these locations persons will not be able to make oral presentations.

------------------------------------------------------------------------
           Date                    Location         Contact information
------------------------------------------------------------------------
October 14, 2008..........  Via Audio: 9 a.m.      Office of Standards,
                             Eastern Daylight       Regulations and
                             Savings Time.          Variances 202-693-
                                                    9440.
                            The National Mine
                             Health and Safety
                             Academy, 1301
                             Airport Road,
                             Beaver, WV 25813.
October 14, 2008..........  Via Audio: 8 a.m.      Office of Standards,
                             Central Daylight       Regulations and
                             Savings Time.          Variances 202-693-
                                                    9440.
                            Coal Mine Safety and
                             Health, Coal
                             District 11 Office,
                             135 Gemini Circle,
                             Suite 213,
                             Birmingham, AL 35209.
------------------------------------------------------------------------

    Persons will need an ID to enter all locations and may be subject 
to a security check.
    The hearing will begin with an opening statement from MSHA, 
followed by an opportunity for members of the public to make oral 
presentations. Requests to speak at the hearing should be made at least 
5 days prior to the hearing date. Requests to speak may be made by 
telephone (202-693-9440), facsimile (202-693-9441), electronic mail 
[email protected] or mail (MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, Virginia 22209-3939). Because members of the public will be 
able to make oral presentations via videoconference at several 
locations, for scheduling purposes, MSHA encourages all parties wishing 
to speak to notify the Agency in advance.
    Any unallocated time at the end of the hearing will be made 
available to persons making same-day requests to speak. Same-day 
requestors will speak in the order that they sign in at the hearing. At 
the discretion of the presiding official, the time allocated to each 
speaker 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 hearing will be conducted in an informal manner. Formal rules 
of evidence and cross examination will not apply. The hearing panel may 
ask questions of speakers. Speakers may ask questions of the hearing 
panel. MSHA will make a transcript of the hearing, post it on MSHA's 
Web site http://www.msha.gov, and include it in the rulemaking record. 
A link to the complete webcast will be placed on MSHA's Web site 
several days after the hearing.
    MSHA will accept post-hearing written comments and data for the 
record from any interested party, including those not presenting oral 
statements, by midnight Eastern Daylight Savings Time on October 29, 
2008.

    Dated: September 22, 2008.
Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
[FR Doc. E8-22679 Filed 9-23-08; 4:15 pm]
BILLING CODE 4510-43-P