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[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Notices]
[Pages 17214-17215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9223]

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

Sunshine Act Meeting

April 3, 1997.
previously announced 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.

changes in the meeting: The Commission postponed until April 23, 1997, 
oral argument on the following:
    1. Secretary of Labor v. Amax Coal Co., Docket No. LAKE 94-74.

[[Page 17215]]

previously announced 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)].

changes in the meeting: The Commission postponed until April 23, 1997, 
oral argument on the following:
    1. Secretary of Labor v. Amax Coal Co., Docket No. LAKE 94-74.

previously announced 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.

changes in the meeting: The Commission postponed until April 23, 1997, 
oral argument on the following:
    1. Secretary of Labor v. Amax Coal Co., Docket No. LAKE 95-267.

previously announced 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)].

changes in the meeting: The Commission postponed until April 23, 1997, 
oral argument on the following:
    1. Secretary of Labor v. Amax Coal Co., Docket No. LAKE 94-267.

time and date: 10:00 a.m., Thursday, April 10, 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 v. Alpha Mining Co. et al, Docket Nos. KENT 
94-1194, etc. (Issues include whether the judge properly vacated 
citations against individual respondents because the Secretary failed 
to allege that their possession of smoking items was circumstantial 
evidence of smoking and whether the judge erred in concluding that an 
empty cigarette package and a cigarette butt are not ``smoking 
materials'' within the meaning of 30 U.S.C. Sec. 877(c).).

time and date: 2:00 p.m., Thursday, April 10, 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. Contractors Sand & Gravel Supply, Inc. v. Secretary of Labor, 
Docket No. EAJ 96-3 (Issues include whether the Commission has 
jurisdiction to review the decision of the administrative law judge 
issued pursuant to the Equal Access to Justice Act and whether the 
position of the Secretary was substantially justified in the underlying 
proceeding.).

time and date: 10:00 a.m., Thursday, April 17, 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 v. Bluestone Coal Corp., Docket Nos. WEVA 93-
165-R and 94-117 (Issues include whether the judge correctly determined 
that the operator did not violate 30 C.F.R. Sec. 77.1600(b) by failing 
to standardize and post traffic signs warning of a steep downgrade in 
its haulage road, that the operator violated 30 C.F.R. Sec. 77.1607(c) 
by failing to ensure that a coal haulage truck was operated at a speed 
that is prudent and consistent with the conditions of the haulage road 
and equipment, and that the violation was significant and 
substantial.).

time and date: 2:00 p.m., Thursday, April 17, 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 v. Harold Moody, employed by Grand River 
Quarry, Inc., Docket No. CENT 95-214-M (Issues include whether 
substantial evidence supports the judge's determination that the 
individual respondent was not liable for his employer's violation of 30 
C.F.R. Sec. 56.9300(b).)

TIME AND DATE: 10:00 a.m., Wednesday, April 23, 1997 (Previously 
scheduled for 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 v. Amax Coal Co., Docket No. LAKE 94-74 
(Issues include whether the judge's conclusion that the operator's 
violation of 30 C.F.R. Sec. 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., Wednesday, April 23, 1997 (Previously 
scheduled for 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 v. Amax Coal Co., Docket No. LAKE 94-74 (See 
oral argument listing, supra, for issues).

TIME AND DATE: 2:00 p.m., Wednesday, April 23, 1997 (Previously 
scheduled for 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 v. 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., Wednesday, April 23, 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 v. 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 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 INFORMATION: 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. 97-9223 Filed 4-7-97; 12:52 pm]
BILLING CODE 6735-01-M
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