Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Proposed Rules 2215

2This section appears as a notice of proposed

rulemaking published elsewhere in this issue of the

Federal Register.

3306(r)(2), references to section 3121(a),

3121(a)(5), and 3121(a)(13) are

considered references to sections

3306(b), 3306(b)(5), and 3306(b)(10),

respectively, and references to

§ 31.3121(a)–2(a) are considered

references to § 31.3301–4.

(b) Effective dates and transition

rules. Except as otherwise provided,

section 3306(r)(2) applies to

remuneration paid after December 31,

1984. Section 31.3121(v)(2)–2 2 contains

effective date rules for certain

remuneration paid after December 31,

1983, for purposes of section 3121(v)(2).

Those rules also apply to section

3306(r)(2). For purposes of applying

those rules to section 3306(r)(2) and this

paragraph (b), references to section

3121(v)(2) are considered references to

section 3306(r)(2), and references to

section 3121(a)(2), 3121(a)(3), or

3121(a)(13) are considered references to

section 3306(b)(2), 3306(b)(3), or

3306(b)(10), respectively. In addition,

references to section 324(d)(1) of the

Social Security Amendments of 1983

are considered references to section

324(d)(2) of the Social Security

Amendments of 1983, and references to

§ 31.3121(v)(2)–1 are considered

references to paragraph (a) of this

section. In addition, the rules of

§ 31.3121(v)(2)–2 shall apply to this

paragraph by—

(1) References to ‘‘December 31,

1983’’ are considered references to

‘‘December 31, 1984’’;

(2) References to ‘‘before 1984’’ are

considered references to ‘‘before 1985’’;

(3) References to ‘‘Federal Insurance

Contributions Act’’ are considered

references to ‘‘Federal Unemployment

Tax Act’’; and

(4) References to ‘‘FICA’’ are

considered references to ‘‘FUTA’’.

Margaret Milner Richardson,

Commissioner of Internal Revenue.

[FR Doc. 96–716 Filed 1–19–96; 12:52 pm]

BILLING CODE 4830–01–U

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 48

Training Policy Review

AGENCY: Mine Safety and Health

Administration, Labor.

ACTION: Notice; request for comments.

SUMMARY: The Mine Safety and Health

Administration (MSHA) is considering

revising and clarifying, as needed,

policy relating to the training and

retraining of miners. The policy

interprets the existing training

regulations pertaining to coal and metal

and nonmetal mines. The purpose of

this review is to improve existing policy

and reduce administrative procedures.

MSHA is requesting public input before

proceeding.

DATES: Submit all comments by March

25, 1996.

ADDRESSES: Send written comments to

Frank R. Schwamberger, Acting

Director, Educational Policy and

Development, MSHA, 4015 Wilson

Boulevard, Room 531, Arlington, VA

22203–1984. Commenters are

encouraged to submit comments on a

computer disk along with a hard copy.

FOR FURTHER INFORMATION CONTACT:

Thomas W. MacLeod or Joseph M.

Hoffman, Division of Policy and

Program Coordination, Directorate of

Educational Policy and Development,

703–235–1400.

SUPPLEMENTARY INFORMATION:

I. Background

MSHA’s regulations addressing the

training and retraining of miners are

contained in Title 30 of the Code of

Federal Regulations (30 CFR) part 48.

Over the past 2 years, MSHA has held

a series of meetings with various

segments of the mining community

(states, academia, management, labor,

and associations) to discuss the impact

of MSHA’s training regulations on the

mining community.

During these meetings, participants

made numerous suggestions for

improving miner training, expanding

and improving communication between

MSHA and the mining industry, and

exchanging information about safety

and health issues. In these open forums,

participants also suggested ways MSHA

and the mining community could work

together to improve the quality of

training. MSHA has already

implemented, or begun working on,

several non-regulatory, non-policy

related projects. For example, the

Agency has updated the database that

contains MSHA-approved instructors so

that the records will reflect the existing

active instructors. This updated

database will make it easier for MSHA

to send information on training-related

subjects to instructors who are actively

conducting health and safety training.

During these meetings, the Agency

also received suggestions about revising

MSHA’s current training policy. To

respond further to these comments,

MSHA is now soliciting comments from

the public on training policy in the

following general areas: (a)

administrative reporting requirements;

(b) flexibility in course content and time

for each subject; (c) crediting like work

experience for training purposes; (d)

independent contractor training; (e)

completing and signing training

certificates (Form 5000–23); and (f)

other items of interest.

II. Discussion

A. Administrative Reporting

Requirements

Under 30 CFR 48.3 and 48.23, the

mine operator is required to submit to

the district manager specific items of

information as part of a training plan.

This includes the list of MSHAapproved instructors with whom the

operator proposes to make arrangements

to teach the courses and the courses

each instructor is qualified to teach.

Whenever this list changes, the operator

goes through the process of revising and

submitting the revisions to MSHA.

Other items required in a training

plan include: location where training

will be given, description of the

teaching methods, predicted time or

periods of time when regularly

scheduled refresher training will be

given, list of task assignments, and titles

of personnel conducting the training.

While recognizing the importance of

notification of plan revisions to miners

and their representatives, the Agency is

considering a policy interpretation in

which operators may not have to notify

MSHA of certain revisions in order to

retain plan approval. Also, MSHA is

considering the possibility of allowing

operators to submit plan changes

electronically.

B. Flexibility in Course Content and

Time for Each Subject

MSHA is considering ways to increase

flexibility within the present regulatory

language. For example, a mine operator

is required to submit to the district

manager the titles of courses to be

taught, the total number of instruction

hours for each course, and the predicted

time and length of each session of

training. MSHA is considering revising

the training policy to allow mine

operators to specify a range of times for

each course (such as 30 minutes to 1

hour for electrical hazards) which could

vary based on the needs at a particular

mine. Although there currently is

flexibility in the regulations and policy,

based on input received at recent

meetings with the mining community,

MSHA believes that this flexibility is

not widely understood.
2216 Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Proposed Rules

C. Crediting Like Work Experience for

Training Purposes

Currently shaft and slope and

construction workers are not required to

take part 48 training in most instances.

Following current policy, if a worker

performs shaft and slope work for 12

months or more within 36 months and

is then contracted to perform extraction

and production work, the worker would

not receive credit toward establishing

experienced miner status for time

already worked. MSHA is reviewing the

possibility of allowing these workers to

receive credit toward establishing the 12

months of mining experience required

to maintain experienced miner status.

Another issue MSHA is considering is

experienced miner credit for like work

experience for a person from a nonmining environment. This would allow

such a person working on mine property

to be considered experienced for

training purposes. A related issue is

how the operator would document the

existence of like work experience.

D. Independent Contractor Training

Current policy allows independent

contractors to have their own training

plan or use the mine operator’s plan.

Contractors can also conduct their own

training, be trained by the operator, or

use approved cooperative or state

programs. MSHA is considering

different language to make it easier for

independent contractors and operators

to determine what type of training (new

miner, newly-employed experienced

miner, or hazard) is required for

independent contractors.

E. Completing and Signing Training

Certificates (Form 5000–23)

MSHA is considering clarifying the

legal responsibility of the person

certifying that training is completed and

who may sign the form and when.

MSHA is also interested in comments

on how computerized versions of Form

5000–23 can best be utilized within the

existing regulatory framework.

III. Request for Comments

This notice covers the main points

raised at the various public meetings.

During the comment period, anyone

may submit comments or suggestions

related to any aspect of part 48 policy.

Dated: January 16, 1996.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 96–1079 Filed 1–24–96; 8:45 am]

BILLING CODE 4510–43–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Chapter I

[FRL–5402–9]

Open Meeting of the Negotiated

Rulemaking Advisory Committee for

Small Nonroad Engine Regulations

AGENCY: Environmental Protection

Agency.

ACTION: FACA committee meeting—

negotiated rulemaking on small nonroad

engine regulations.

SUMMARY: As required by section 9(a)(2)

of the Federal Advisory Committee Act

(Pub. L. 92–463), EPA is giving notice of

the next meeting of the Advisory

Committee to negotiate the Phase II rule

to reduce air emissions from small

nonroad engines. Small nonroad

engines are engines which are spark

ignited gasoline engines less than 25

horsepower, including lawn mower,

chain saw, and weed wacker engines.

The meeting is open to the public

without advance registration. Agenda

items for the meeting include discussion

of the emissions standard and standard

structure. The Committee is hoping to

finalize a series of recommendations to

EPA regarding the control of emissions

in Phase II of the rule.

DATES: The committee will meet on

February 16, 1996 from 10 a.m. to 6 p.m.

ADDRESSES: The location of the meeting

will be the Courtyard by Marriott, 3205

Boardwalk, Ann Arbor, MI 48108;

phone: (313) 995–5900.

FOR FURTHER INFORMATION CONTACT:

Persons needing further information on

the substantive matters of the rule

should contact Gay McGregor, National

Vehicle and Fuel Emissions Laboratory,

2565 Plymouth Rd., Ann Arbor,

Michigan 48105, (313) 668–4438.

Persons needing further information on

committee procedural matters should

call Deborah Dalton, Consensus and

Dispute Resolution Program,

Environmental Protection Agency, 401

M Street, S.W. Washington, DC 20460,

(202) 260–5495, or the Committee’s

facilitators, Lucy Moore or John FolkWilliams, Western Network, 616 Don

Gaspar, Santa Fe, New Mexico, 87501,

(505) 982–9805.

Dated: January 19, 1996.

Deborah Dalton,

Designated Federal Official.

[FR Doc. 96–1209 Filed 1–24–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[VIOO1; FRL–5403–2]

Clean Air Act Proposed Full Approval

of Operating Permits Program: The

United States Virgin Islands

AGENCY: U.S. Environmental Protection

Agency (EPA).

ACTION: Proposed full approval.

SUMMARY: The EPA proposes full

approval of the operating permits

program submitted by the United States

Virgin Islands for the purpose of

complying with Federal requirements

for an approvable state program to issue

operating permits to all major stationary

sources and to certain other sources.

DATES: Comments on this proposed

action must be received in writing by

February 26, 1996. Written comments

should be addressed to Steven C. Riva,

Chief, Permitting and Toxics Support

Section, at the New York Region II

Office listed below.

ADDRESSES: Copies of the State’s

submittal and other supporting

information used in developing the

proposed full approval are available for

inspection during normal business

hours at the following locations:

EPA Region II, 290 Broadway, 21st

Floor, New York, New York 10007–

1866, Attention: Steven C. Riva.

EPA Region II, Caribbean Field Office,

Centro Europa Building, Suite 417, 1492

Ponce de Leon Avenue, Stop 22, San

Juan, Puerto Rico 00907–4127,

Attention: Jose Ivan Guzman.

The U.S. Virgin Islands Department of

Planning and Natural Resources,

Division of Environmental Protection,

Building 111, Apartment 14A, Water

Gut Homes, Christainsted, St. Croix,

U.S. Virgin Islands 00820. Attention:

Leonard Reed.

FOR FURTHER INFORMATION CONTACT:

Umesh Dholakia, Permitting and Toxics

Support Section, at the above EPA office

in New York or at telephone number

(212) 637–4023.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

As required under title V of the Clean

Air Act (‘‘the Act’’) as amended in 1990,

EPA has promulgated rules which

define the minimum elements of an

approvable State operating permits

program and the corresponding

standards and procedures by which the

EPA will approve, oversee, and

withdraw approval of State operating

permits programs (see 57 FR 32250 (July

21, 1992)). These rules are codified at 40

Code of Federal Regulations (CFR) Part

70. Title V requires States to develop,