Regulations Implementing the Federal Coal Mine Health and Safety Act of 1969, as Amended; Notice of Public Hearings

DEPARTMENT OF LABOR

Employment Standards Administration

20 CFR Parts 718, 722, 725, 726 and 727

RIN 1215-AA99

Regulations Implementing the Federal Coal Mine Health and Safety

Act of 1969, as Amended; Notice of Public Hearings

AGENCY: Employment Standards Administration, Labor.

ACTION: Proposed rule; Notice of Public Hearings.

-----------------------------------------------------------------------

SUMMARY: The Employment Standards Administration (ESA) will hold public

hearings on its proposed regulations implementing the Black Lung

Benefits Act. The proposed regulations reflect the program's

suggestions for change in the processing and adjudication of individual

claims for black lung benefits. The proposal also revises the criteria

governing the responsibility of coal mine operators to secure the

payment of benefits to their employees and reflects many decisions

issued by the Benefits Review Board and U.S. courts of appeals over the

past thirteen years. ESA proposed these regulations with the goal of

improving services, streamlining the adjudication process and updating

the regulations' content. The purpose of the hearing is to receive

comments on the proposed changes.

DATES: A hearing will be held on Thursday, June 19, 1997, in

Charleston, West Virginia, from 9 a.m. to 5 p.m. A second hearing will

be held in Washington, DC with the procedures, date and time to be

announced in a later notice. Requests to make oral presentations for

the record at the first hearing should be received by Friday, June 13,

1997. Any unallotted time at the end of the hearing will be made

available to persons present and wishing to speak who have not made

timely requests.

ADDRESSES: The first hearing will be held at the Charleston Civic

Center, 2nd Floor, 200 Civic Center Drive, Charleston, West Virginia

25301. Requests to make oral presentations should be sent to James L.

DeMarce, Director, Division of Coal Mine Workers' Compensation, Room C-

3520, Frances Perkins Building, 2000 Constitution Avenue, NW.,

Washington, DC 20210, FAX Number 202-219-8568.

FOR FURTHER INFORMATION CONTACT:

James L. DeMarce, Director, Division of Coal Mine Workers'

Compensation, (202) 219-6692.

SUPPLEMENTARY INFORMATION: On January 22, 1997, ESA published a

proposed rule (62 FR 3338-3435) intended to amend and revise the

regulations implementing the Black Lung Benefits Act, subchapter IV of

the Federal Coal Mine Health and Safety Act of 1969, as amended. The

comment period originally closed on March 24, 1997, but was extended

through May 23, 1997 by subsequent notice (62 FR 8201 (Feb. 24, 1997)).

The comment period was extended once again through August 21, 1997.

The Department has received requests for public hearings from the

United Mine Workers of America, the National Black Lung Association and

the National Mining Association. These organizations represent both

individuals and companies with a strong interest in the proposed

regulations. The Department deems it desirable to provide the

interested community with the opportunity to make oral comment on the

proposed regulations.

The first hearing will be conducted in an informal manner by an ESA

official. The formal rules of evidence will not apply. The Department

may ask questions of expert or technical witnesses. The order of

appearance of persons making presentations will be determined by the

Agency. The presiding official may exercise discretion in excluding

irrelevant or unduly repetitious material and in ensuring the orderly

progress of the hearing. The hearing will provide the opportunity for

members of the public to make oral presentations. At the discretion of

the presiding official, speakers may be limited to a maximum of 20

minutes for their presentations. Individuals with disabilities, who

need special accommodations, should contact James L. DeMarce by Friday,

June 13, at the address indicated in this notice.

Verbatim transcripts of the proceedings will be prepared and made a

part of the rulemaking record. ESA will also accept additional written

comments and other appropriate data

[[Page 27563]]

from any interested party, including those not presenting oral

statements, until expiration of the comment period on August 21, 1997.

Written comments and data submitted by ESA will be included in the

rulemaking record.

Signed at Washington, DC, this 15th day of May, 1997.

Gene Karp,

Deputy Assistant Secretary for Employment Standards.

[FR Doc. 97-13166 Filed 5-19-97; 8:45 am]

BILLING CODE 4510-27-M