[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Proposed Rules]
[Pages 27562-27563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13166]
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DEPARTMENT OF LABOR
Employment Standards Administration
20 CFR Parts 718, 722, 725, 726 and 727
RIN 1215-AA99
Regulations Implementing the Federal Coal Mine Health and Safety
Act of 1969, as Amended; Notice of Public Hearings
AGENCY: Employment Standards Administration, Labor.
ACTION: Proposed rule; Notice of Public Hearings.
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SUMMARY: The Employment Standards Administration (ESA) will hold public
hearings on its proposed regulations implementing the Black Lung
Benefits Act. The proposed regulations reflect the program's
suggestions for change in the processing and adjudication of individual
claims for black lung benefits. The proposal also revises the criteria
governing the responsibility of coal mine operators to secure the
payment of benefits to their employees and reflects many decisions
issued by the Benefits Review Board and U.S. courts of appeals over the
past thirteen years. ESA proposed these regulations with the goal of
improving services, streamlining the adjudication process and updating
the regulations' content. The purpose of the hearing is to receive
comments on the proposed changes.
DATES: A hearing will be held on Thursday, June 19, 1997, in
Charleston, West Virginia, from 9 a.m. to 5 p.m. A second hearing will
be held in Washington, DC with the procedures, date and time to be
announced in a later notice. Requests to make oral presentations for
the record at the first hearing should be received by Friday, June 13,
1997. Any unallotted time at the end of the hearing will be made
available to persons present and wishing to speak who have not made
timely requests.
ADDRESSES: The first hearing will be held at the Charleston Civic
Center, 2nd Floor, 200 Civic Center Drive, Charleston, West Virginia
25301. Requests to make oral presentations should be sent to James L.
DeMarce, Director, Division of Coal Mine Workers' Compensation, Room C-
3520, Frances Perkins Building, 2000 Constitution Avenue, NW.,
Washington, DC 20210, FAX Number 202-219-8568.
FOR FURTHER INFORMATION CONTACT:
James L. DeMarce, Director, Division of Coal Mine Workers'
Compensation, (202) 219-6692.
SUPPLEMENTARY INFORMATION: On January 22, 1997, ESA published a
proposed rule (62 FR 3338-3435) intended to amend and revise the
regulations implementing the Black Lung Benefits Act, subchapter IV of
the Federal Coal Mine Health and Safety Act of 1969, as amended. The
comment period originally closed on March 24, 1997, but was extended
through May 23, 1997 by subsequent notice (62 FR 8201 (Feb. 24, 1997)).
The comment period was extended once again through August 21, 1997.
The Department has received requests for public hearings from the
United Mine Workers of America, the National Black Lung Association and
the National Mining Association. These organizations represent both
individuals and companies with a strong interest in the proposed
regulations. The Department deems it desirable to provide the
interested community with the opportunity to make oral comment on the
proposed regulations.
The first hearing will be conducted in an informal manner by an ESA
official. The formal rules of evidence will not apply. The Department
may ask questions of expert or technical witnesses. The order of
appearance of persons making presentations will be determined by the
Agency. The presiding official may exercise discretion in excluding
irrelevant or unduly repetitious material and in ensuring the orderly
progress of the hearing. The hearing will provide the opportunity for
members of the public to make oral presentations. At the discretion of
the presiding official, speakers may be limited to a maximum of 20
minutes for their presentations. Individuals with disabilities, who
need special accommodations, should contact James L. DeMarce by Friday,
June 13, at the address indicated in this notice.
Verbatim transcripts of the proceedings will be prepared and made a
part of the rulemaking record. ESA will also accept additional written
comments and other appropriate data
[[Page 27563]]
from any interested party, including those not presenting oral
statements, until expiration of the comment period on August 21, 1997.
Written comments and data submitted by ESA will be included in the
rulemaking record.
Signed at Washington, DC, this 15th day of May, 1997.
Gene Karp,
Deputy Assistant Secretary for Employment Standards.
[FR Doc. 97-13166 Filed 5-19-97; 8:45 am]
BILLING CODE 4510-27-M
