Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules 42185

per cubic meter of air, for all valid

samples;

(5) The occupation code;

(6) The reason for voiding any

samples; and,

(7) The Social Security Number of the

part 90 miner.

(b) Upon receipt, the operator shall

provide a copy of this report to the part

90 miner. The operator shall not post

the original or a copy of this report on

the mine bulletin board.

§ 90.202 Operator status change reports.

If there is a change in the status of a

part 90 miner (such as entering a

terminated, injured or ill status, or

returning to work), the operator must

report the change in the status of the

part 90 miner to the MSHA District

Office or to any other MSHA office

designated by the District Manager.

Status changes shall be reported in

writing within 3 working days after the

status change has occurred.

[FR Doc. 00–16149 Filed 7–6–00; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Disease Control and

Prevention

30 CFR Part 72

RIN 1219–AB18

Determination of Concentration of

Respirable Coal Mine Dust

AGENCIES: Mine Safety and Health

Administration (MSHA), Labor.

National Institute for Occupational

Safety and Health (NIOSH), Centers for

Disease Control and Prevention,

Department of Health and Human

Services.

ACTION: Proposed rule; notice of public

hearings; close of record.

SUMMARY: The Mine Safety and Health

Administration (MSHA) and the

National Institute for Occupational

Safety and Health (NIOSH) will hold

public hearings to receive comments on

the joint notice of proposed rulemaking

published in the Federal Register on

July 7, 2000.

The proposal announced that the

Secretary of Labor and the Secretary of

Health and Human Services (the

Secretaries) would find in accordance

with sections 101 and 202(f)(2) (30

U.S.C. §§ 811 and 842(f)(2)) of the

Federal Mine Safety and Health Act of

1977 (Mine Act) that the average

concentration of respirable dust to

which each miner in the active

workings of a coal mine is exposed can

be accurately measured over a single

shift (single, full-shift sampling). The

Secretaries are proposing to rescind a

previous 1972 finding by the Secretary

of the Interior and the Secretary of

Health, Education and Welfare, on the

accuracy of single-shift sampling.

These hearings will be held pursuant

to section 101 of the Mine Act.

Please also see the public hearing

notice addressing verification of dust

control plans (plan verification)

published separately by MSHA in

today’s Federal Register.

DATES: If individuals or organizations

wish to make an oral presentation for

the record at the hearing, please submit

your request at least five days prior to

the hearing date. However, you do not

have to make a written request to speak.

Any unalloted time will be made

available to persons making same-day

requests.

The public hearings will be held on

the following dates and locations:

(1) August 7, 2000 from 8:30 a.m.—5:00

p.m. (Day 1)

August 8, 2000 from 8:30 a.m.—12:00

p.m. (Day 2)(if necessary)

Morgantown, West Virginia

(2) August 10, 2000 from 8:30 a.m.—

5:00 p.m. (Day 1)

August 11, 2000 from 8:30 a.m.—12:00

p.m. (Day 2) (if necessary)

Prestonsburg, Kentucky

(3) August 16, 2000 from 8:30 a.m.—

5:00 p.m. (Day 1)

August 17, 2000 from 8:30 a.m.—12:00

p.m. (Day 2) (if necessary)

Salt Lake City, Utah

To the extent possible, we would like

to hear comments on the notices of

proposed rulemaking in sequence. At

each hearing site during the first part of

Day 1 (until approximately 12:00 p.m.)

we would like to hear comments on the

single, full-shift sampling proposed

rule. The second part of Day 1 we would

like to hear comments on the plan

verification proposal. If a second day of

hearings is necessary at a hearing site,

we would devote this time to hear

comments on the plan verification

proposal.

If necessary, the time can be extended

each day to give all interested parties an

opportunity to present testimony.

The rulemaking record will close on

August 24, 2000.

ADDRESSES: You may use mail, facsimile

(fax), or electronic mail to send us your

requests to make oral presentations at

the public hearings. Clearly identify

your requests and send them— (1) By

mail to Carol J. Jones, Director, Office of

Standards, Regulations, and Variances,

MSHA, 4015 Wilson Boulevard, Room

631, Arlington, VA 22203;

(2) By fax to MSHA, Office of

Standards, Regulations, and Variances,

703–235–5551; or

(3) By electronic mail to

comments@msha.gov.

The hearings will be held on the

following dates and the following

locations:

1. August 7 and 8,* 2000, Holiday Inn,

1400 Saratoga Avenue,

Morgantown, West Virginia 26505,

304–599–1680.

2. August 10 and 11,* 2000, Holiday

Inn, 1887 N US 23, Prestonsburg,

Kentucky 41653, 606–886–0001.

3. August 16 and 17,* 2000, Hilton Salt

Lake City Center, 255 S West

Temple, Salt Lake City, Utah 84101,

801–328–2000.

*if necessary

FOR FURTHER INFORMATION CONTACT:

Carol J. Jones, Director; Office of

Standards, Regulations, and Variances,

MSHA, 4015 Wilson Boulevard,

Arlington, VA 22203–1984; 703–235–

1910.

I. Background

On July 7, 2000, the Secretary of

Labor and the Secretary of Health and

Human Services (the Secretaries) jointly

published a notice of proposed

rulemaking finding in accordance with

sections 101 (30 U.S.C. 811) and

202(f)(2) (30 U.S.C. 842(f)(2)) of the

Federal Mine Safety and Health Act of

1977 (Mine Act) that the average

concentration of respirable dust to

which each miner in the active

workings of a coal mine is exposed can

be accurately measured over a single

shift. The Secretaries are proposing to

rescind a 1972 finding by the Secretary

of the Interior and the Secretary of

Health, Education, and Welfare, on the

accuracy of such single-shift sampling.

II. Conduct of Public Hearings

The hearings will be conducted in an

informal manner with a panel of MSHA

and NIOSH representatives, chaired by

Marvin W. Nichols, Jr. Although formal

rules of evidence or cross examination

will not apply, the presiding official

may exercise discretion to ensure the

orderly progress of the hearings and

may exclude irrelevant or unduly

repetitious material and questions.

Each session will begin with an

opening statement from MSHA and

NIOSH, followed by an opportunity for

members of the public to make oral

42186 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Proposed Rules

presentations. The hearing panel may

ask questions of speakers. At the

discretion of the presiding official, the

time allocated to speakers for their

presentations may be limited. In the

interest of conducting productive

hearings, MSHA and NIOSH will

schedule speakers in a manner that

allows all points of view to be heard as

effectively as possible. If necessary, the

hearing time will be extended into the

evening to allow interested parties an

opportunity to speak.

Verbatim transcripts of the

proceedings will be prepared and made

a part of the rulemaking record. MSHA

and NIOSH will make available copies

of the hearing transcripts for public

review.

MSHA and NIOSH will accept

additional written comments and other

appropriate data for the record from any

interested party, including those not

presenting oral statements. Written

comments and data submitted to MSHA

and NIOSH will be included in the

rulemaking record.

III. Close of Rulemaking Record

To allow for the submission of posthearing comments, the rulemaking

record will close on August 24, 2000.

Dated: June 30, 2000.

Robert A. Elam,

Deputy Assistant Secretary for Mine Safety

and Health.

Dated: June 30, 2000.

Linda Rosentock,

Director, National Institute for Occupational

Safety and Health.

[FR Doc. 00–17129 Filed 7–6–00; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 70, 75 and 90

RIN 1219–AB14

Verification of Underground Coal Mine

Operators’ Dust Control Plans and

Compliance Sampling for Respirable

Dust

AGENCY: Mine Safety and Health

Administration (MSHA), Labor.

ACTION: Proposed rule; notice of public

hearings; close of record.

SUMMARY: We will hold public hearings

to receive public comments on a

proposed rule published in the Federal

Register on July 7, 2000. The proposal

would revoke existing operator

respirable dust sampling procedures

under 30 CFR parts 70 and 90, and

would require underground mine

operators to verify the effectiveness of

mine ventilation plans (plan

verification).

These hearings will be held pursuant

to section 101 (30 U.S.C. 811) of the

Federal Mine Safety and Health Act of

1977 (Mine Act).

Please also see the joint public

hearing notice published in today’s

Federal Register by the Department of

Labor and the Department of Health and

Human Services addressing single, fullshift sampling.

DATES: If individuals or organizations

wish to make an oral presentation for

the record, submit your request at least

five days prior to the hearing date.

However, you do not have to make a

written request to speak. Any unalloted

time will be made available to persons

making same-day requests.

The public hearings will be held on

the following dates and locations:

(1) August 7, 2000 from 8:30 a.m.–5:00

p.m. (Day 1)

August 8, 2000 from 8:30 a.m.–12:00

p.m. (Day 2) (if necessary)

Morgantown, West Virginia

(2) August 10, 2000 from 8:30 a.m.–5:00

p.m. (Day 1)

August 11, 2000 from 8:30 a.m.–12:00

p.m. (Day 2) (if necessary)

Prestonsburg, Kentucky

(3) August 16, 2000 from 8:30 a.m.–5:00

p.m. (Day 1)

August 17, 2000 from 8:30 a.m.–12:00

p.m. (Day 2) (if necessary)

Salt Lake City, Utah

To the extent possible, we would like

to hear comments on the notices of

proposed rulemaking in sequence. At

each hearing site during the first part of

Day 1 (until approximately 12:00 p.m.)

we would like to hear comments on the

single, full-shift sampling proposed

rule. The second part of Day 1 we would

like to hear comments on the plan

verification proposal. If a second day of

hearings is necessary at a hearing site,

we would devote this time to hear

comments on the plan verification

proposal.

If necessary, the time can be extended

each day to give all interested parties an

opportunity to present testimony.

The rulemaking record will close on

August 24, 2000.

ADDRESSES: You may use mail, facsimile

(fax), or electronic mail to send us your

requests to make oral presentations at

the public hearings. Clearly identify

your requests and send them— (1) By

mail to Carol J. Jones, Director, Office of

Standards, Regulations, and Variances,

MSHA, 4015 Wilson Boulevard, Room

631, Arlington, VA 22203;

(2) By fax to MSHA, Office of

Standards, Regulations, and Variances,

703–235–5551; or

(3) By electronic mail to

comments@msha.gov.

The hearings will be held on the

following dates at the following

locations:

1. August 7 and 8,* 2000, Holiday Inn,

1400 Saratoga Avenue,

Morgantown, West Virginia 26505,

304–599–1680.

2. August 10 and 11,* 2000, Holiday

Inn, 1887 N US 23, Prestonsburg,

Kentucky 41653, 606–886–0001.

3. August 16 and 17,* 2000, Hilton Salt

Lake City Center, 255 S West

Temple, Salt Lake City, Utah 84101,

801–328–2000.

* if necessary

FOR FURTHER INFORMATION CONTACT:

Carol J. Jones, Director; Office of

Standards, Regulations, and Variances,

MSHA, 4015 Wilson Boulevard,

Arlington, VA 22203–1984; 703–235–

1910.

SUPPLEMENTARY INFORMATION:

I. Background

On July 7, 2000, we published a

proposed rule which would revoke

existing operator respirable dust

sampling procedures under 30 CFR

parts 70 and 90. The proposal would

implement new regulations under

which MSHA would verify the

effectiveness of a mine operator’s dust

control parameters for mechanized

mining units (MMUs) specified in the

mine ventilation plan before these plans

are approved. Verification sampling

would be conducted under more typical

production levels and for the actual

length of the production shift. Please see

the proposal published elsewhere in

today’s Federal Register for more

information.

II. Conduct of Public Hearings

The hearings will be conducted in an

informal manner, and chaired by

Marvin W. Nichols, Jr. on behalf of

MSHA. Although formal rules of

evidence or cross examination will not

apply, the presiding official may

exercise discretion to ensure the orderly

progress of the hearings and may

exclude irrelevant or unduly repetitious

material and questions.

Each session will begin with an

opening statement from MSHA,

followed by an opportunity for members

of the public to make oral presentations.

The hearing panel may ask questions of

speakers. At the discretion of the

presiding official, the time allocated to

speakers for their presentations may be

limited. In the interest of conducting