[Federal Register: August 23, 2004 (Volume 69, Number 162)]
[Proposed Rules]
[Page 51784-51785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au04-10]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 18 and 75
RIN 1219-AB34 and RIN 1219-AA98
High-Voltage Continuous Mining Machines and Low- and Medium-
Voltage Diesel-Powered Electrical Generators
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Change of hearing dates and locations; close of comment
periods.
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SUMMARY: This document announces changes in the dates and locations of
the public hearings for the proposed rules addressing (1) High-Voltage
Continuous Mining Machines; and (2) Low- and Medium-Voltage Diesel
Powered Electrical Generators. The hearings for both proposed rules
have been rescheduled for November 2004. The hearings in Pittsburgh,
Pennsylvania have been moved to Morgantown, West Virginia.
The hearings for the High-Voltage Continuous Mining Machines (HVCM)
proposed rule will be held first, starting at 9 a.m. local time each
day; and the hearings for the proposed rule for Low- and Medium-Voltage
Diesel PoweredElectrical Generators will follow.
DATES: The post-hearing comment period for both proposed rules will
close on December 10, 2004.
The public hearing dates and locations are listed in the Public
Hearing Section under SUPPLEMENTARY INFORMATION below. 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. You must include the Regulatory
Identification Number (RIN) in the subject line for each rule you are
commenting on. For comments on the proposed rule addressing Low- and
Medium-Voltage Diesel Powered Electrical Generators include RIN 1219-
AA98 in the subject line of the message. To submit comments for the
proposed rule addressing High-Voltage Continuous Mining Machines
include RIN 1219-AB34 in the subject line.
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 numbers
1219-AA98 for the proposed rule addressing Low--and Medium-Voltage
Diesel Powered Electrical Generators or RIN 1219-AB34 for the proposed
rule addressing High-Voltage Continuous Mining Machines.
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
[[Page 51785]]
at http://www.msha.gov/REGSINFO.HTM.
SUPPLEMENTARY INFORMATION:
I. Proposed Rule for High-Voltage Continuous Mining Machines
On July 16, 2004 we published a proposed rule in the Federal
Register (69 FR 42812) addressing design requirements for approval of
high-voltage continuous mining machines operating in face areas of
underground mines. The rule also proposed to establish new mandatory
electrical safety standards for the installation, use, and maintenance
of high-voltage continuous mining machines used in underground coal
mines. The provisions would enable mines to safely utilize high-voltage
continuous mining machines with enhanced safety protection from fire,
explosion, and shock hazards without the need for mine operators to
file petitions for modification to use high-voltage continuous mining
machines.
Also in that notice we announced that four public hearings would be
held in September 2004. The post-hearing comment period was scheduled
to close on October 14, 2004.
II. Proposed Rule for Low- and Medium-Voltage Diesel Powered Electrical
Generators
On June 25, 2004, we published a proposed rule in the Federal
Register, (69 FR 35992), amending low- and medium-voltage three-phase
circuits used underground. It would allow the use of low- and medium-
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 proposed 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.
On July 26, 2004, we published a notice in the Federal Register,
(69 FR 44480), announcing the dates and locations of four public
hearings. The hearings were scheduled to be held on the same days and
in the same locations as the hearings for the HVCM proposed rule. The
post-hearing comment period was scheduled to close on October 14, 2004.
III. Public Hearings
Since announcement of the public hearings for both rules, we have
changed the dates and locations of the hearings. We will still hold
four public hearings for both proposed rules; however, the hearings
will be held in November, 2004 instead of September, 2004. The hearings
addressing HVCM will begin at 9 a.m. local time each day; the hearings
addressing Low- and Medium-Voltage Diesel Powered Electrical Generators
will be held on the same days, beginning at 1 p.m. local time 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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November 4, 2004.............. Little America Hotel, (801) 363-6781
500 S Main Street,
Salt Lake City, Utah
84101.
November 16, 2004............. Sheraton Birmingham, (205) 324-5000
2101 Richard
Arrington Jr. Blvd.
North, Birmingham,
Alabama 35203.
November 18, 2004............. Sheraton Suites (859) 268-0060
Lexington, 2601
Richmond Road,
Lexington, Kentucky
40509.
November 30, 2004............. Radisson Hotel at (304) 296-1700
Waterfront Place, 2
Waterfront Place,
Morgantown, West
Virginia 26501.
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If individuals or organizations wish to make an oral presentation,
we ask that you submit your request at least 5 days prior to the
hearing dates. You do not have to make a written request to speak;
however, the speakers who make a request in advance will speak first.
Any unallotted time will be made available for persons making same-day
requests. These commenters will speak in the order they sign in.
The hearings will begin with an opening statement from MSHA,
followed by an opportunity for members of the public to make oral
presentations to a panel. At the discretion of the presiding official,
the time allocated to speakers for their presentation may be limited.
Speakers and other 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.
IV. Close of Comment Periods
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 December 10, 2004
post-hearing comment periods.
Dated: August 17, 2004.
Dave D. Lauriski,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 04-19190 Filed 8-20-04; 8:45 am]
BILLING CODE 4510-42-P