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

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 Hearing

AGENCY: Employment standards Administration, Labor.

ACTION: Proposed rule; notice of public hearing.

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SUMMARY: This notice schedules a second public hearing on the proposed

regulations implementing the Black Lung Benefits Act which the

Employment Standards Administration (ESA) issued on January 22, 1997

(62 FR 3338-3435). The first public hearing is scheduled for June 19,

1997 in Charleston, West Virginia (62 FR 27562; 62 FR 28760).

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 hearings is to receive

comments on the proposed changes.

DATES: The second hearing will be held in Washington, D.C. on Tuesday,

July 22, 1997 beginning at 9:00 a.m. Persons seeking to testify at the

public hearing based on medical, scientific, economic or other

technical evidence must file a notice of intent to appear accompanied

by three copies of the evidence upon which their testimony will be

based. The notice and evidence must be received by Tuesday, July 8,

1997. Any other party desiring to participate must file a notice of

intent to appear by Tuesday, July 15, 1997. Any party who has not filed

a notice of intent to appear may be allowed to testify, at the

discretion of the Administrative Law Judge, as time permits at the end

of the hearing.

ADDRESSES: The second hearing will be held in the auditorium of the

Frances Perkins Building, U.S. Department of Labor, 3rd Street and

Constitution Avenue, N.W., Washington, D.C. 20210.

[[Page 33044]]

Notices of intent to appear and accompanying evidence, if any, must be

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

Compensation, Room C-3520, Frances Perkins Building, 200 Constitution

Avenue, N.W., Washington, D.C. 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:

Filing of Notices of Intent To Appear and Evidence Before the

Hearing

The notice of intent to appear must contain the following

information:

1. The name, address, organization, and telephone number of each

person to appear;

2. The capacity in which the person will appear;

3. The approximate amount of time required for the presentation;

4. A brief statement of the position that will be taken with

respect to the proposed regulations;

5. Whether the party intends to testify based on medical,

scientific, economic or technical evidence. If so, three copies of that

evidence must be attached to the notice of intent to appear.

ESA will review each notice of intent to appear in light of the

amount of time requested. In those instances when the requested amount

of time exceeds 20 minutes, ESA will determine, in its sole discretion,

whether the amount of time requested is supported by the accompanying

documentation. If not, the participant will be notified of that fact

prior to the hearing.

Conduct and Nature of the Hearing

The hearing will commence at 9:00 a.m. on July 22, 1997. At that

time, the presiding officer, an Administrative Law Judge, will resolve

any procedural matters relating to the hearing which are delegated to

his discretion in this notice. It is ESA's intent to provide interested

members of the public with an opportunity to make effective oral

presentations and to insure that these presentations proceed

expeditiously, without procedural restraints which might impede or

protract the rulemaking process. The hearing is primarily for the

purpose of information gathering and therefore will be an informal

administrative proceeding rather than an adjudicative one. The formal

rules of evidence will not apply. The hearing is also intended to

facilitate the development of a clear, accurate and complete record.

Thus, questions of relevance, procedure and participation generally

will be decided so as to favor development of the record.

The order of appearance of persons who have filed notices of intent

to appear will be determined by ESA. Only the Department may ask

questions of witnesses. The presiding officer will make no decision or

recommendation on the merits of ESA's proposal, but rather will be

responsible for ensuring that the hearing proceeds at a reasonable pace

and in an orderly manner. The presiding officer, therefore, will have

all the powers necessary and appropriate to conduct a full and fair

informal hearing, including the powers:

1. To regulate the course of the proceedings;

2. To dispose of procedural requests, objections and comparable

matters;

3. To confine the presentations to pertinent and relevant matters;

and

4. To regulate the conduct of those present at the hearing by

appropriate means.

Individuals with disabilities, who need special accommodations,

should contact James L. DeMarce by Tuesday, July 8 at the address

indicated in this notice.

Contents of the Rulemaking Record

This rulemaking record will remain open through August 21, 1997 (62

FR 27000). A verbatim transcript of the hearing will be prepared and

made a part of the record. It will be available for public inspection

at the Office of the Solicitor, Division of Black Lung Benefits, 200

Constitution Avenue, NW., Suite N-2605, Washington, DC 20210. Members

of the public may also arrange with the court reporter to purchase

their own copies. All notices of intent to appear at the hearing and

accompanying evidence, if any, will also be made a part of the record

and will be available for public inspection at the above address. ESA

will also accept additional written comments and other appropriate data

from any interested party, including those not presenting oral

testimony, until expiration of the comment period.

Signed at Washington, DC, this 12th day of June, 1997.

Gene Karp,

Deputy Assistant Secretary for Employment Standards.

[FR Doc. 97-15942 Filed 6-17-97; 8:45 am]

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