[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Rules and Regulations]
[Pages 71791-71792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6128]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75

RIN 1219-AB52


Sealing of Abandoned Areas

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Final rule; limited reopening of comment period; availability; 
notice of public hearing; close of comment period.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is reopening 
the comment period for the Emergency Temporary Standard (ETS) on 
sealing of abandoned areas of underground coal mines to provide 
commenters time to review and submit comments on the U.S. Army Corps of 
Engineers' Draft Report ``CFD [Computational Fluid Dynamics] Study and 
Structural Analysis of the Sago Mine Accident'' (Report).

DATES: All comments on the ETS published at 72 FR 28796, May 22, 2007, 
and other appropriate data must be received by midnight, January 18, 
2008, Eastern Standard Time. MSHA will hold a public hearing on January 
15, 2008. Details about the public hearing are addressed in the 
SUPPLEMENTARY INFORMATION section of this document.

ADDRESSES: Comments must be clearly identified and may be submitted by 
any of the following methods:
    1. Federal Rulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Electronic mail: <a href="/cdn-cgi/l/email-protection#0379794e504b422e406c6e6e666d777043676c6f2d646c75"><span class="__cf_email__" data-cfemail="f38989bea0bbb2deb09c9e9e969d8780b3979c9fdd949c85">[email protected]</span></a>. Include ``RIN 1219-
AB52'' in the subject line of the message.
    3. Telefax: (202) 693-9441. Include ``RIN 1219-AB52'' in the 
subject.
    4. Regular Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Blvd., Room 2350, Arlington, Virginia 22209-
3939.
    5. Hand Delivery or Courier: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, 
Virginia 22209-3939. Sign in at the receptionist's desk on the 21st 
floor.
    6. Docket: Comments can be accessed electronically at http://www.msha.gov under the ``Rules and Regs'' link. MSHA will post all 
comments on the Internet without change, including any personal 
information provided. Comments may also be reviewed at the Office of 
Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, 
Arlington, Virginia. Sign in at the receptionist's desk on the 21st 
floor.
    MSHA maintains a listserve that enables subscribers to receive e-
mail notification when rulemaking documents are published in the 
Federal Register. To subscribe to the listserve, go to http://www.msha.gov/subscriptions/subscribe.aspx.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office 
of Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard, 
Room 2350, Arlington, Virginia 22209-3939. Ms. Silvey can be reached at 
<a href="/cdn-cgi/l/email-protection#8bd8e2e7fdeef2a5dbeafff9e2e8e2eacbefe4e7a5ece4fd"><span class="__cf_email__" data-cfemail="cb98a2a7bdaeb2e59baabfb9a2a8a2aa8bafa4a7e5aca4bd">[email protected]</span></a> (Internet E-mail), (202) 693-9440 (voice), or 
(202)

[[Page 71792]]

693-9441 (facsimile). This notice is available on the Internet at 
http://www.msha.gov/REGSINFO.HTM.

SUPPLEMENTARY INFORMATION:

I. Background

    MSHA issued an Emergency Temporary Standard (ETS) on May 22, 2007, 
(72 FR 28796), and extended the comment period to September 17, 2007. 
MSHA is seeking additional public comment on the Report. The Report 
summarizes the preliminary results of a study performed under contract 
(MSHA NO 1A-AR 6000012) for MSHA's Technical Support Directorate 
(Technical Support) by the U.S. Army Corps of Engineers (USACE). The 
USACE conducted research and testing from August 2006 to April 2007. 
The USACE provided a draft of the Report of their findings to Technical 
Support in May of 2007. The Report details the USACE's efforts to 
mathematically model the methane explosion at the Sago Mine and 
potentially establish the seal overpressures. The Report was not 
finalized.
    MSHA is expressly limiting comments to those which address the 
Report as it relates to the regulatory provisions in the ETS. The 
Report is available on the Internet at: http://www.msha.gov/CFDSagoReport.pdf. This notice allows commenters sufficient time to 
review the Report and submit comments. All comments and other 
appropriate data must be received by midnight, January 18, 2008, 
Eastern Standard Time.

II. Public Hearing

    In addition to accepting written comments, MSHA will hold a public 
hearing on the Report. The hearing will begin at 9 a.m. and will end 
after the last speaker speaks, on the following date and location:

----------------------------------------------------------------------------------------------------------------
                  Date                                           Location                              Phone
----------------------------------------------------------------------------------------------------------------
January 15, 2008.......................  Mine Safety and Health Administration, 1100 Wilson         202-693-9440
                                          Blvd., 25th Floor, Conference Room, Arlington,
                                          Virginia 22209.
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    Requests to speak should be made at least 5 days prior to the 
hearing date. Requests to speak may be made by telephone (202-693-
9440), facsimile (202-693-9441), or mail (MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, Virginia 22209-3939). Any unallocated time at the end of the 
hearing will be made available to persons making same-day requests to 
speak.
    The hearing will begin with an opening statement from MSHA, 
followed by an opportunity for members of the public to make oral 
presentations to the hearing panel. Speakers will be assigned in the 
order in which their requests are received. Speakers and attendees may 
present written information or other articles to the MSHA panel for 
inclusion in the rulemaking record.
    The hearing will be conducted in an informal manner. Formal rules 
of evidence and cross examination will not apply. The presiding 
official may limit presentations and exclude irrelevant or unduly 
repetitious material and questions to ensure the orderly progress of 
the hearing. The hearing panelists may ask questions of speakers. 
Speakers and other attendees may present written information to the 
MSHA panel for inclusion in the rulemaking record.
    MSHA will make the transcript available and will also post the 
transcript of the hearing on MSHA's Web site at http://www.msha.gov, 
and include it in the rulemaking record.
    MSHA will accept comments and data for the record from any 
interested party, including those not presenting oral statements at the 
hearing.

    Dated: December 17, 2007.
Richard E. Stickler,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 07-6128 Filed 12-17-07; 2:31 pm]
BILLING CODE 4510-43-P


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