[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Proposed Rules]
[Pages 25277-25278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10788]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 75 and 104

RIN 1219-AB75, 1219-AB73


Examinations of Work Areas in Underground Coal Mines and Pattern 
of Violations

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; notice of public hearings; notice of re-opening 
and close of comment period.

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SUMMARY: The Mine Safety and Health Administration (MSHA) will hold 
four public hearings on the Agency's proposed rules for Examinations of 
Work Areas in Underground Coal Mines (Examinations of Work Areas) and 
for Pattern of Violations. Each hearing will cover the major issues 
raised by commenters in response to the respective proposed rules.

DATES: Hearings will be held on June 2, 7, 9, and 15, 2011, at the 
locations listed in the SUPPLEMENTARY INFORMATION section of this 
document.
    Post-hearing comments must be received or postmarked by midnight 
Eastern Daylight Saving Time on June 30, 2011.

ADDRESSES: Comments, requests to speak, and informational materials for 
the rulemaking record may be sent to MSHA by any of the following 
methods. Clearly identify all submissions with ``RIN 1219-AB75'' for 
Examinations of Work Areas in Underground Coal Mines' submissions, and 
with ``RIN 1219-AB73'' for Pattern of Violations' submissions.
     Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Facsimile: 202-693-9441.
     Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 
22209-3939. For hand delivery, sign in at the receptionist's desk on 
the 21st floor.

FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Acting Director, 
Office of Standards, Regulations, and Variances, MSHA, at 
[email protected] (e-mail); 202-693-9440 (voice); or 202-693-9441 
(facsimile).

SUPPLEMENTARY INFORMATION:

I. Availability of Information

    Federal Register Publications: The proposed rule for Examinations 
of Work Areas in Underground Coal Mines, published on December 27, 2010 
(75 FR 81165), and the proposed rule for Pattern of Violations, 
published on February 2, 2011 (76 FR 5719), are available on http://www.regulations.gov and on MSHA's Web site at http://www.msha.gov/REGSPROP.HTM.
    Public Comments: MSHA posts all comments without change, including 
any personal information provided. Access comments electronically on 
http://www.regulations.gov and on MSHA's Web site at http://www.msha.gov/currentcomments.asp. Review comments in person at the 
Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., 
Room 2350, Arlington, VA. Sign in at the receptionist's desk on the 
21st floor.
    E-mail Notification: To subscribe to receive e-mail notification 
when MSHA publishes rulemaking documents in the Federal Register, go to 
http://www.msha.gov/subscriptions/subscribe.aspx.

II. Public Hearings

    MSHA will hold four public hearings on its proposed rules for 
Examinations of Work Areas in Underground Coal

[[Page 25278]]

Mines and for Pattern of Violations. Requests to speak at a hearing 
should be made prior to the hearing date. You do not have to make a 
written request to speak; however, persons and organizations wishing to 
speak are encouraged to notify MSHA in advance for scheduling purposes. 
MSHA requests that parties making presentations at the hearings submit 
their presentations to MSHA, including any documentation, no later than 
5 days prior to the hearing.
    The public hearings for the Examinations of Work Areas proposal 
will begin at 8:30 a.m. on each date.
    The public hearings for the Pattern of Violations proposal will 
begin immediately following the conclusion of all testimony on the 
Examinations of Work Areas proposal.
    MSHA is holding the two hearings on each of the following dates at 
the locations indicated:

------------------------------------------------------------------------
          Date                      Location               Contact No.
------------------------------------------------------------------------
June 2..................  Embassy Suites Denver, 4444       303-375-0400
                           N. Havana Street, Denver,
                           CO 80239.
June 7..................  Clay Center for the Arts and      304-561-3560
                           Sciences of West Virginia,
                           Walker Theater (use this
                           entrance), One Clay Square,
                           Charleston, WV 25301.
June 9..................  Sheraton Birmingham, 2101         205-324-5000
                           Richard Arrington, Jr.
                           Blvd. North, Birmingham, AL
                           35203.
June 15.................  Department of Labor, Mine         202-693-9440
                           Safety and Health
                           Administration
                           Headquarters, 1100 Wilson
                           Boulevard, 25th Floor,
                           Arlington, VA 22209-3939.
------------------------------------------------------------------------

    Each hearing will begin with an opening statement from MSHA, 
followed by an opportunity for members of the public to make oral 
presentations. The hearings will be conducted in an informal manner. 
Formal rules of evidence will not apply. The hearing panel may ask 
questions of speakers. Speakers and other attendees may present 
information to MSHA for inclusion in the rulemaking record. MSHA also 
will accept written comments and other appropriate information for the 
record from any interested party, including those not presenting oral 
statements, until the close of the comment period on June 30, 2011.
    MSHA will have a verbatim transcript of the proceedings taken for 
each hearing. Copies of the transcripts will be available to the public 
on http://www.regulations.gov and on MSHA's Web site at http://www.msha.gov/tscripts.htm.

III. Pattern of Violations: Clarification

    Section 104.2(a) of the Pattern of Violations (POV) proposed rule 
would provide that the specific criteria used in the review to identify 
mines with a pattern of significant and substantial violations would be 
posted on MSHA's Web site. In the preamble, MSHA requested specific 
comments on how the Agency should obtain comment during the development 
of, and periodic revision to, the POV screening criteria. At this point 
in the rulemaking, MSHA plans to provide any change to the specific 
criteria to the public, via posting on the Agency's Web site, for 
comment before MSHA uses it to review a mine for a POV. MSHA plans to 
review and respond to comments, and revise, as appropriate, the 
specific criteria, and post it on the Agency's Web site. MSHA requests 
comments on this proposed approach to obtaining public input into 
revisions to the specific POV criteria.
    Under Sec.  104.2(a)(8) of the POV proposal, MSHA stated in the 
preamble that an operator may submit a written safety and health 
management program to the district manager for approval so that MSHA 
can determine whether the program's parameters would result in 
meaningful, measurable, and significant reductions in significant and 
substantial violations. MSHA would like to clarify that the Agency did 
not intend that these safety and health management programs be the same 
as those referenced in the Agency's rulemaking on comprehensive safety 
and health management programs (RIN 1219-AB71). Rather, a safety and 
health management program that would be considered by MSHA as a 
mitigating circumstance in the POV proposal would be one that: (1) 
Includes measurable benchmarks for abating specific violations that 
could lead to a POV at a specific mine; and (2) addresses hazardous 
conditions at that mine.

IV. Request for Comments

    MSHA solicits comments from the mining community on all aspects of 
the proposed rules and is particularly interested in comments that 
address alternatives to key provisions in the proposals. Commenters are 
requested to be specific in their comments and submit detailed 
rationale and supporting documentation for any comment or suggested 
alternative.

     Dated: April 28, 2011.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2011-10788 Filed 4-29-11; 4:15 pm]
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