[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Proposed Rules]
[Pages 63110-63111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25380]


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

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 an 
additional 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 November 10, 2008.
    MSHA will hold a public hearing on October 28, 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

[[Page 63111]]

concerning the use of intoxicating beverages and narcotics and would 
make the new standard applicable to all mines. On September 26, 2008 
(73 FR 55800), MSHA published a document extending the comment period. 
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.
    MSHA held a public hearing on October 14, 2008 and persons made 
presentations via Webcast in Washington, DC, Pittsburgh, PA, and 
Englewood, CO. Additionally, persons made presentations via audio in 
Birmingham, AL, Beckley, WV, Madisonville, KY, and Price, UT. In 
response to further requests, MSHA is holding an additional hearing.

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). 
Persons can make presentations via audio 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:

------------------------------------------------------------------------
                                                             Contact
               Date                      Location          information
------------------------------------------------------------------------
October 28, 2008.................  Via Audio: 9:00 a.m.  Office of
                                    Eastern Daylight      Standards,
                                    Savings Time. The     Regulations
                                    National Mine         and Variances,
                                    Health and Safety     202-693-9440.
                                    Academy, 1301
                                    Airport Road,
                                    Beckley, WV 25813.
October 28, 2008.................  Via Audio: 8:00 a.m.  Office of
                                    Central Daylight      Standards,
                                    Savings Time.         Regulations
                                    Sheraton Birmingham   and Variances,
                                    Hotel, 2101 Richard   202-693-9440.
                                    Arrington Jr. Blvd.
                                    N, Medical Forum
                                    Auditorium,
                                    Birmingham, Alabama
                                    35203.
October 28, 2008.................  Via Audio: 8:00 a.m.  Office of
                                    Central Daylight      Standards,
                                    Savings Time.         Regulations
                                    United Steelworkers   and Variances,
                                    Local Union 1938, 307 First
                                    Street North,
                                    Virginia, Minnesota
                                    55792.
------------------------------------------------------------------------

The MSHA panel will be located at the Agency's Arlington headquarters 
at 1100 Wilson Boulevard, 25th floor in Arlington, Virginia. 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 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 audio at several locations, for scheduling purposes, 
MSHA strongly 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 audio recording 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 November 10, 
2008.

    Dated: October 20, 2008.
Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
[FR Doc. E8-25380 Filed 10-21-08; 11:15 am]
BILLING CODE 4510-43-P