Mine Shift Atmospheric Conditions; Respirable Dust Sample

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

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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]

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