[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Notices]
[Pages 18158-18159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10246]



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DEPARTMENT OF LABOR
Mine Safety and Health Administration
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention


Mine Shift Atmospheric Conditions; Respirable Dust Sample
AGENCY: Mine Safety and Health Administration, Labor; National 
Institute for Occupational Safety and Health, Centers for Disease 
Control and Prevention, Public Health Service, HHS.

ACTION: Notice of public hearing; close of record.

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SUMMARY: The Mine Safety and Health Administration (MSHA) and the 
National Institute for Occupational Safety and Health (NIOSH) will hold 
a public hearing to receive comments on the joint notice proposing a 
finding that the average concentration of respirable dust, to which 
each miner in the active workings of a coal mine is exposed, can be 
measured accurately over a single shift. The hearing will be held in 
Washington, D.C.

DATES: The public hearing will be held on May 10, 1996, in Washington, 
D.C. The hearing will begin at 9:00 a.m. The public record will close 
on June 10, 1996. Requests to make oral presentations for the record 
should reach MSHA by May 6, 1996. Immediately before the hearing, MSHA 
will make any unalloted time available to persons making late requests.

ADDRESSES: The hearing will be held at the following location: Frances 
Perkins Building, Department of Labor, 200 Constitution Avenue NW., 
Room N-5437, Washington, D.C. 20210.
    Send requests to make oral presentations to the Mine Safety and 
Health Administration; Office of Standards, Regulations, and Variances; 
4015 Wilson Boulevard, Room 631; Arlington, Virginia 22203. Phone or 
fax requests to make oral presentations to the MSHA, Office of 
Standards, Regulations, and Variances at voice: 703-235-1910, fax: 703-
235-5551.

FOR FURTHER INFORMATION CONTACT: Ronald J. Schell, Chief, Division of 
Health, Coal Mine Safety and Health, 703-235-1358.
SUPPLEMENTARY INFORMATION:
I. Background
    On March 12, 1996 (61 FR 10012), MSHA and NIOSH published a notice 
in the Federal Register reopening the record for their joint notice. 
The joint notice proposed a finding that the average concentration of 
respirable dust, to which each miner in the active workings of a coal 
mine is exposed, can be measured accurately over a single shift. This 
finding is being made in accordance with section 202(f) of the Federal 
Mine Safety and Health Act of 1977. The Agencies reopened the record 
(1) to submit a definition of accuracy; (2) to supply new data and 
statistical analyses on the precision of coal mine respirable dust 
measurements obtained using approved sampling equipment; and (3) to 
allow the public time to review and submit comments on this 
supplemental information. This additional information does not change 
the proposed findings.
    The comment period had been scheduled to close on April 11, 1996. 
In response to requests from the public for additional time to review 
this information and prepare their comments, the Agencies extended the 
comment period until June 10, 1996 (61 FR 16123). This extension notice 
also announced that a public hearing would be held prior to June 10, 
1996.
II. Conduct of Hearing
    The purpose of the public hearing is (1) to receive relevant 
comments and (2) to answer questions concerning the definition of 
accuracy and the new data and statistical analyses on the precision of 
coal mine respirable dust measurements obtained using approved

[[Page 18159]]

sampling equipment. A panel of MSHA and NIOSH officials will conduct 
the hearing in an informal manner. Although formal rules of evidence or 
cross examination will not apply, the presiding official may exercise 
discretion to ensure the orderly progress of the hearing and may 
exclude irrelevant or unduly repetitious material and questions. The 
hearing panel will be available to address relevant questions. Verbatim 
transcripts of the proceedings will be prepared and made a part of the 
rulemaking record. Copies of the hearing transcripts will be made 
available to the public for review.
    The hearing will begin with an opening statement from MSHA and 
NIOSH, followed by oral presentations from members of the public. In 
the interests of conducting a productive hearing, MSHA and NIOSH will 
schedule speakers in a manner that allows all points of view to be 
heard as effectively as possible. At his discretion, the presiding 
official may limit speakers to a maximum of 20 minutes for their 
presentations.
    MSHA and NIOSH also will accept additional written comments and 
other appropriate data for the record from any interested party, 
including those not presenting oral statements. To allow for the 
submission of any post-hearing comments, the record will remain open 
until June 10, 1996. MSHA will include written comments and data 
submitted to MSHA or NIOSH on or before June 10, 1996, in the 
rulemaking record.

    Dated: April 22, 1996.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.

    Dated: April 22, 1996.
Marilyn A. Fingerhut,
Assistant Director for Washington Operations, National Institute for 
Occupational Safety and Health.
[FR Doc. 96-10246 Filed 4-23-96; 8:45 am]
BILLING CODE 4510-43-P