[Federal Register: July 26, 2004 (Volume 69, Number 142)]
[Proposed Rules]
[Page 44480-44481]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy04-14]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 75
RIN 1219-AA98
Low- and Medium-Voltage Diesel-Powered Electrical Generators
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rule; notice of public hearings; close of comment
period.
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SUMMARY: We are announcing that we will hold four public hearings on
the proposed rule to amend the existing standards concerning protection
of low- and medium-voltage three-phase circuits used underground to
allow the use of low- and medium-voltage diesel-powered electrical
generators as an alternative means of powering electrical equipment.
The rule would eliminate the need for mine operators to file petitions
for modification to use these generators to power electrical equipment
while maintaining the existing level of protection for miners.
The hearings will be held on the same days, in the same locations,
as the MSHA public hearings for the High Voltage Continuous Mining
Equipment Standards (HVCM) proposed rule. These hearings will follow
the HVCM hearings, and will begin in the afternoon. The announcement of
the HVCM hearings was published in a separate Federal Register notice
on Friday, July 16, 2004 (69 FR 42812).
DATES: All comments on the proposed rule, including post-hearing
comments, must be received by October 14, 2004, the close of the
comment period.
The public hearing dates and locations are listed in the Public
Hearings section under SUPPLEMENTARY INFORMATION. Individuals or
organizations wishing to make oral presentations for the record should
submit a request at least 5 days prior to the hearing dates. However,
commenters do not need to submit a request in advance in order to speak
at the hearing.
ADDRESSES: You may submit comments, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: Comments@MSHA.gov. Include RIN 1219-AA98 in the
subject line of the message.
Fax: (202) 693-9441.
Mail/Hand Delivery/Courier: MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Blvd., Room 2313, Arlington,
Virginia 22209-3939.
Instructions: All submissions must reference MSHA and RIN 1219-AA98,
(the Regulatory Information Number for this rulemaking).
Docket: To access comments received, go to http://www.MSHA.gov or
MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson
Blvd., Room 2350, Arlington, Virginia. All comments received will be
posted without change to http://www.msha.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Jr., Director,
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson
Boulevard, Room 2350, Arlington, Virginia 22209-3939. Mr. Nichols can
be reached at nichols.marvin@dol.gov (Internet E-mail), (202) 693-9440
(voice), or (202) 693-9441 (facsimile). This notice is available on the
Internet at http://www.msha.gov/REGSINFO.HTM.
SUPPLEMENTARY INFORMATION:
I. Background Information
On June 25, 2004, (69 FR 35992) we published a proposed rule in the
Federal Register that would amend the existing standards concerning
protection of low- and medium-voltage three-phase circuits used
underground to allow the use of low- and medium-
[[Page 44481]]
voltage diesel-powered electrical generators as an alternative means of
powering electrical equipment. The generators are portable and are used
to power electrical equipment when moving the equipment in, out, and
around the mine and when performing work in areas where permissible
equipment is not required. The rule would eliminate the need for mine
operators to file petitions for modification to use these generators to
power electrical equipment while maintaining the existing level of
protection for miners.
Since publication of the proposed rule, we have received a request
for a hearing on the rule.
II. Public Hearings
We will hold four public hearings on the same days, in the same
locations, as the MSHA public hearings for the HVCM standards. The
hearings addressing HVCM will begin at 9 a.m. local time each day; the
hearings addressing this proposed rule, Low- and Medium-Voltage Diesel
Powered Electrical Generators, will be held on the same days, beginning
at 1 p.m. and will end after the last speaker testifies. The hearings
will be held on the following dates at the locations indicated:
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Date Location Telephone
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September 21, 2004............ Sheraton Birmingham, (205) 324-5000
2101 Richard
Arrington Jr. Blvd.
North, Birmingham,
Alabama 35203.
September 23, 2004............ Sheraton Suites (859) 268-0060
Lexington, 2601
Richmond Road,
Lexington, Kentucky
40509.
September 28, 2004............ Little America Hotel, (801) 363-6781
500 S Main Street,
Salt Lake City, Utah
84101.
September 30, 2004............ Hyatt Regency (724) 899-1234
Pittsburgh
International
Airport, 1111
Airport Road,
Pittsburgh,
Pennsylvania 15231.
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The hearings will begin with an opening statement from MSHA,
followed by an opportunity for members of the public to make oral
presentations. You do not have to make a written request to speak;
however, speakers who make a request in advance will speak first. Any
unalloted time will be made available for commenters making same-day
requests for oral presentations. These commenters will speak in the
order they sign in. At the discretion of the presiding official, the
time allocated to speakers for their presentation may be limited.
Speakers and attendees may also present information to the MSHA panel
for inclusion in the rulemaking record.
The hearings will be conducted in an informal manner. The hearing
panel may ask questions of speakers. 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.
A verbatim transcript of the proceedings will be included in the
rulemaking record. Copies of this transcript will be available to the
public, and can be viewed at http://www.msha.gov.
We will accept post-hearing written comments and other appropriate
data for the record from any interested party, including those not
presenting oral statements, prior to the close of the October 14, 2004
post-hearing comment period.
Dated: July 21, 2004.
Dave D. Lauriski,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 04-16903 Filed 7-23-04; 8:45 am]
BILLING CODE 4510-43-P