[Federal Register Volume 62, Number 42 (Tuesday, March 4, 1997)]
[Notices]
[Pages 9815-9816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5340]


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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Sunshine Act Meeting

February 25, 1997.
TIME AND DATE: 11:30 a.m., Thursday, February 20, 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 the 
Commissioners that the Commission consider and act upon the following 
in closed session:
    1. Secretary of Labor versus Broken Hill Mining Co., Docket No. 
KENT 94-1199, etc. No earlier announcement of the scheduling of this 
meeting was possible.

TIME AND DATE: 10:00 a.m., Thursday, March 6, 1997.

PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission will consider and act upon the 
following:
    1. Secretary of Labor versus Broken Hill Mining Co., Docket No. 
KENT 94-1208 (Issues include whether the judge correctly applied the 
penalty criteria of 30 U.S.C. Sec. 820(i) in assessing a penalty 
against the operator for its violation of 30 CFR Sec. 75.1702's 
prohibition against carrying smoking materials underground).

TIME AND DATE: 2:00 p.m., Thursday, March 6, 1997.

PLACE: Room 6005, 6th Floor, 1730 K Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission will consider and act upon the 
following:
    1. Secretary of Labor versus Western Fuels--Utah, Inc., Docket No. 
WEST 93-298 (Issues include whether the judge erred in finding that the 
operator's malfunctioning slippage and sequence switches on its 
conveyor belt did not violate 30 CFR Sec. 75.1102 and that the 
operator's insufficient sensing devices on its dry chemical fire 
suppression system did not violate 30 CFR Sec. 75.1101-16(a), and 
whether the judge erred in vacating as duplicative a citation alleging 
a violation of 30 CFR Sec. 75.1101-14(a) because the citation was also 
abated by conduct taken by the operator to abate a separate violation 
of 30 CFR Sec. 75.1101-15(d)).

TIME AND DATE: 10:00 a.m., Thursday, March 20, 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 versus Amax Coal Co., Docket No. LAKE 94-74 
(Issues include whether the judge's conclusion that the operator's 
violation

[[Page 9816]]

of 30 CFR 75.400's prohibition against accumulations of combustible 
materials was significant and substantial is legally correct and 
supported by substantial evidence and whether the judge's conclusion 
that the violation was due to the operator's unwarrantable failure is 
supported by substantial evidence).

TIME AND DATE: 11:15 a.m., Thursday, March 20, 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 the 
Commissioners that the commission consider and act upon the following 
in closed session:
    1. Secretary of Labor versus Amax Coal Co., Docket No. LAKE 94-74 
(See oral argument listing, supra, for issues).

TIME AND DATE: 2:00 p.m., Thursday, March 20, 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 versus Amax Coal Co., Docket No. LAKE 95-267 
(Issues include whether the judge was correct in determining that the 
operator's failure to extend a line curtain within 40 feet of a working 
face, as required by its ventilation plan, was the result of the 
operator's unwarrantable failure).

TIME AND DATE: 3:15 p.m., Thursday, March 20, 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 the 
Commissioners that the Commission consider and act upon the following 
in closed session:
    1. Secretary of Labor versus Amax Coal Co., Docket No. LAKE 95-267 
(See oral argument listing, supra, for issues).
    Any person attending oral argument or an open meeting who required 
special accessibility features and/or auxiliary aids, such as sign 
language interpreters, must inform the Commission in advance of those 
needs. Subject to 29 CFR 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. 97-5340 Filed 2-27-97; 5:04 pm]
BILLING CODE 6735-01-M