[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Notices]
[Page 56206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28711]
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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
Sunshine Act Meeting
October 23, 1997.
TIME AND DATE: 10:00 a.m., Thursday, October 30, 1997.
PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.
STATUS: Open.
MATTERS TO BE CONSIDERED: The Commission will hear oral argument on the
following:
1. Secretary of Labor v. Berwind Natural Resources Corp., et al.,
Docket Nos. KENT 94-574, etc. (Issues include whether the judge
correctly determined that to qualify as an ``operator'' under the Mine
Act an entity must directly or indirectly substantially participate in
the operation, control, or supervision of the day-to-day operations of
the mine, or have authority to do so; correctly rejected the
Secretary's claim that the cited parent and its cited subsidiaries
constituted a ``unitary operator'' under the Mine Act; and correctly
determined that one of those subsidiaries was an ``operator,'' while
the parent and two other subsidiaries were not).
TIME AND DATE: 2:00 p.m., Thursday, October 30, 1997.
PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.
STATUS: Closed [Pursuant to 5 U.S.C. 552b(c)(10)].
MATTERS TO BE CONSIDERED: It was determined by a unanimous vote of a
quorum of the Commission that the Commission consider and act upon the
following in closed session:
1. Secretary of Labor v. Berwind Natural Resources Corp., et al.,
Docket Nos. KENT 94-574-R, etc. (See oral argument listing, supra, for
issues).
TIME AND DATE: 10:00 a.m., Thursday, November 6, 1997.
PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.
STATUS: Open.
MATTERS TO BE CONSIDERED: The Commission shall consider and act upon
the following:
1. Secretary of Labor v. Gouverneur Talc Co., Docket No. YORK 95-
70-M (Issues include whether the judge erred in determining that the
operator did not violate 30 C.F.R. Sec. 57.4362, which requires that,
following evacuation of a mine in a fire emergency, only persons
wearing and trained in the use of mine rescue apparatus shall
participate in rescue and firefighting operations in advance of the
fresh air base).
TIME AND DATE: 10:00 a.m., Thursday, November 13, 1997.
PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.
STATUS: Open.
MATTERS TO BE CONSIDERED: The Commission will hear oral argument on the
following:
1. Secretary of Labor v. Extra Energy, Inc., Docket No. WEVA 96-13
(Issues include whether the judge erred in finding that the Secretary
properly cited the operator for its independent contractor's violation
of 30 C.F.R. Sec. 77.404(a)'s requirement that mobile equipment and
machinery be maintained in safe operating condition and properly found
that the operator violated 50 C.F.R. Sec. 50.10's requirement that the
Mine Safety and Health Administration be notified of accidents).
TIME AND DATE: 2:00 p.m., Thursday, November 13, 1997.
PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.
STATUS: Closed [Pursuant to 5 U.S.C. Sec. 552b(c)(10)].
MATTERS TO BE CONSIDERED: It was determined by a unanimous vote of a
quorum of the Commission that the Commission consider and act upon the
following in closed session:
1. Secretary of Labor v. Extra Energy, Inc., Docket No. WEVA 96-13
(See oral argument listing, supra, for issues).
TIME AND DATE: 10:00 a.m., Thursday, November 20, 1997.
PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.
STATUS: Open.
MATTERS TO BE CONSIDERED: The Commission shall consider and act upon
the following:
1. Secretary of Labor v. REB Enterprises, Inc. Docket No. CENT 95-
29-M, etc. (Issues include whether the judge erred in concluding that
the operator's violations of 30 C.F.R. 57.14107(a), 57.14130(g), and
57.14131(a) were not the result of unwarrantable failure based on his
refusal to assign any probative weight to hearsay testimony adduced by
the Secretary; erred in concluding that two individuals were not
personally liable for violations of 30 C.F.R. 57.14130(g); erred in
concluding that a violation of 30 C.F.R. 14130(a)(3) was not
established because it was not demonstrated that a backhoe unequipped
with a seat belt was a ``wheel loader'' or ``wheel tractor'' within the
meaning of that standard; and erred in dismissing an order on the basis
that it alleged a violation of the wrong standard, even though it was
amended prior to hearing to allege a violation of the correct
standard).
Any person attending oral argument or an open meeting who requires
special accessibility features and/or auxiliary aids, such as sign
language interpreters, must inform the Commission in advance of those
needs. Subject to 29 C.F.R. Sec. 2706.150(a)(3) and Sec. 2706.160(d).
CONTACT PERSON FOR MORE INFO: Jean Ellen (202) 653-5629 / (202) 708-
9300 for TDD Relay / 1-800-877-8339 for toll free.
Jean H. Ellen,
Chief Docket Clerk.
[FR Doc. 97-28711 Filed 10-24-97; 4:03 pm]
BILLING CODE 6735-01-M
