[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Notices]
[Pages 18158-18159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10246]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Mine Shift Atmospheric Conditions; Respirable Dust Sample
AGENCY: Mine Safety and Health Administration, Labor; National
Institute for Occupational Safety and Health, Centers for Disease
Control and Prevention, Public Health Service, HHS.
ACTION: Notice of public hearing; close of record.
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SUMMARY: The Mine Safety and Health Administration (MSHA) and the
National Institute for Occupational Safety and Health (NIOSH) will hold
a public hearing to receive comments on the joint notice proposing a
finding that the average concentration of respirable dust, to which
each miner in the active workings of a coal mine is exposed, can be
measured accurately over a single shift. The hearing will be held in
Washington, D.C.
DATES: The public hearing will be held on May 10, 1996, in Washington,
D.C. The hearing will begin at 9:00 a.m. The public record will close
on June 10, 1996. Requests to make oral presentations for the record
should reach MSHA by May 6, 1996. Immediately before the hearing, MSHA
will make any unalloted time available to persons making late requests.
ADDRESSES: The hearing will be held at the following location: Frances
Perkins Building, Department of Labor, 200 Constitution Avenue NW.,
Room N-5437, Washington, D.C. 20210.
Send requests to make oral presentations to the Mine Safety and
Health Administration; Office of Standards, Regulations, and Variances;
4015 Wilson Boulevard, Room 631; Arlington, Virginia 22203. Phone or
fax requests to make oral presentations to the MSHA, Office of
Standards, Regulations, and Variances at voice: 703-235-1910, fax: 703-
235-5551.
FOR FURTHER INFORMATION CONTACT: Ronald J. Schell, Chief, Division of
Health, Coal Mine Safety and Health, 703-235-1358.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 1996 (61 FR 10012), MSHA and NIOSH published a notice
in the Federal Register reopening the record for their joint notice.
The joint notice proposed a finding that the average concentration of
respirable dust, to which each miner in the active workings of a coal
mine is exposed, can be measured accurately over a single shift. This
finding is being made in accordance with section 202(f) of the Federal
Mine Safety and Health Act of 1977. The Agencies reopened the record
(1) to submit a definition of accuracy; (2) to supply new data and
statistical analyses on the precision of coal mine respirable dust
measurements obtained using approved sampling equipment; and (3) to
allow the public time to review and submit comments on this
supplemental information. This additional information does not change
the proposed findings.
The comment period had been scheduled to close on April 11, 1996.
In response to requests from the public for additional time to review
this information and prepare their comments, the Agencies extended the
comment period until June 10, 1996 (61 FR 16123). This extension notice
also announced that a public hearing would be held prior to June 10,
1996.
II. Conduct of Hearing
The purpose of the public hearing is (1) to receive relevant
comments and (2) to answer questions concerning the definition of
accuracy and the new data and statistical analyses on the precision of
coal mine respirable dust measurements obtained using approved
[[Page 18159]]
sampling equipment. A panel of MSHA and NIOSH officials will conduct
the hearing in an informal manner. Although formal rules of evidence or
cross examination will not apply, the presiding official may exercise
discretion to ensure the orderly progress of the hearing and may
exclude irrelevant or unduly repetitious material and questions. The
hearing panel will be available to address relevant questions. Verbatim
transcripts of the proceedings will be prepared and made a part of the
rulemaking record. Copies of the hearing transcripts will be made
available to the public for review.
The hearing will begin with an opening statement from MSHA and
NIOSH, followed by oral presentations from members of the public. In
the interests of conducting a productive hearing, MSHA and NIOSH will
schedule speakers in a manner that allows all points of view to be
heard as effectively as possible. At his discretion, the presiding
official may limit speakers to a maximum of 20 minutes for their
presentations.
MSHA and NIOSH also will accept additional written comments and
other appropriate data for the record from any interested party,
including those not presenting oral statements. To allow for the
submission of any post-hearing comments, the record will remain open
until June 10, 1996. MSHA will include written comments and data
submitted to MSHA or NIOSH on or before June 10, 1996, in the
rulemaking record.
Dated: April 22, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
Dated: April 22, 1996.
Marilyn A. Fingerhut,
Assistant Director for Washington Operations, National Institute for
Occupational Safety and Health.
[FR Doc. 96-10246 Filed 4-23-96; 8:45 am]
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