[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Proposed Rules]
[Pages 55800-55801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22679]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56, 57, and 66
RIN 1219-AB41
Alcohol- and Drug-Free Mines: Policy, Prohibitions, Testing,
Training, and Assistance
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rule; notice of public hearing; extension of comment
period.
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SUMMARY: The Mine Safety and Health Administration (MSHA) will hold a
public hearing on its proposed rule to amend the existing metal and
nonmetal standards for the possession and use of intoxicating beverages
and narcotics and make the new standard applicable to all mines. The
proposed rule would also require those who violate the prohibitions to
be removed from the performance of safety-sensitive job duties until
they successfully complete the recommended treatment and their alcohol-
and drug-free status is confirmed by a return-to-duty test.
DATES: All comments must be received by midnight Eastern Daylight
Savings Time on October 29, 2008.
MSHA will hold a public hearing on October 14, 2008. The
SUPPLEMENTARY INFORMATION section of this notice includes details of
the hearing.
ADDRESSES: Comments must be clearly identified with ``RIN 1219-AB41''
and may be sent by any of the following methods:
(1)Federal e-Rulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
(2) Electronic mail: [email protected]. Include ``RIN 1219-
AB41'' in the subject line of the message.
(3) Facsimile: 202-693-9441. Include ``RIN 1219-AB41'' in the
subject line of the message.
(4) Regular Mail: MSHA, Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939.
(5) Hand Delivery or Courier: MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia. Sign in at the receptionist's desk on the 21st
floor.
Comments can be accessed electronically at http://www.msha.gov
under the Rules and Regs link. MSHA will post all comments on the
Internet without change, including any personal information provided.
Comments may also be reviewed at the Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia. Sign in at the receptionist's desk on the 21st
floor.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey,
[email protected] (E-mail), 202-693-9440 (Voice).
SUPPLEMENTARY INFORMATION:
I. Background
On September 8, 2008 (73 FR 52136), MSHA published a proposed rule
in the Federal Register that would amend the existing metal and
nonmetal standards concerning the use of intoxicating beverages and
narcotics and would make the new standard applicable to all mines. The
proposed rule would designate the substances that cannot be possessed
on mine property or used while performing safety-sensitive job duties,
except when used according to a valid prescription. Mine operators
would be required to establish an alcohol- and drug-free mine program,
which includes a written policy, employee education, supervisory
training, alcohol- and drug-testing for miners that perform safety-
sensitive job duties and their supervisors, and referrals for
assistance for miners and supervisors who violate the policy. The
proposed rule would also require those who violate the prohibitions to
be removed from the performance of safety-sensitive job duties until
they successfully complete the recommended treatment and their alcohol-
and drug-free status is confirmed by a return-to-duty test.
II. Public Hearing
MSHA will hold a public hearing on the proposed rule. The public
hearing will begin at 9 a.m. Eastern Daylight Savings Time (EDST). The
public hearing will be held via Web cast at three locations. The
hearing will end at 5 p.m. EDST, or after the last speaker speaks. The
hearing will be held on the following date at the locations and times
indicated:
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Date Location Contact information
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October 14, 2008.......... Via Webcast: 9 a.m. Office of Standards,
Eastern Daylight Regulations and
Savings Time. Variances 202-693-
9440.
Cisco Washington DC,
1300 Pennsylvania
Avenue, NW., Suite
250, Washington, DC
20004, POC: Mic
Keith 202-354-2904
(main bldg phone).
October 14, 2008.......... Via Webcast: 9 a.m. Office of Standards,
Eastern Daylight Regulations and
Savings Time. Variances 202-693-
9440.
[[Page 55801]]
Cisco Pittsburgh, 323
North Shore Drive,
Pittsburgh, PA
15212, POC: Tom
Schweizer, 412-237-
6200 (main bldg
phone).
October 14, 2008.......... Via Webcast: 7 a.m. Office of Standards,
Mountain Daylight Regulations and
Savings Time. Variances 202-693-
9440.
Cisco Englewood
(Denver), 9155 East
Nichols Avenue,
Suite 400,
Englewood, Colorado
80112, 720-875-2900
(main bldg phone),
POC: Shannon
Gonzales.
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Persons may participate via audio only at the following locations.
At these locations persons will not be able to make oral presentations.
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Date Location Contact information
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October 14, 2008.......... Via Audio: 9 a.m. Office of Standards,
Eastern Daylight Regulations and
Savings Time. Variances 202-693-
9440.
The National Mine
Health and Safety
Academy, 1301
Airport Road,
Beaver, WV 25813.
October 14, 2008.......... Via Audio: 8 a.m. Office of Standards,
Central Daylight Regulations and
Savings Time. Variances 202-693-
9440.
Coal Mine Safety and
Health, Coal
District 11 Office,
135 Gemini Circle,
Suite 213,
Birmingham, AL 35209.
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Persons will need an ID to enter all locations and may be subject
to a security check.
The hearing will begin with an opening statement from MSHA,
followed by an opportunity for members of the public to make oral
presentations. Requests to speak at the hearing should be made at least
5 days prior to the hearing date. Requests to speak may be made by
telephone (202-693-9440), facsimile (202-693-9441), electronic mail
[email protected] or mail (MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209-3939). Because members of the public will be
able to make oral presentations via videoconference at several
locations, for scheduling purposes, MSHA encourages all parties wishing
to speak to notify the Agency in advance.
Any unallocated time at the end of the hearing will be made
available to persons making same-day requests to speak. Same-day
requestors will speak in the order that they sign in at the hearing. At
the discretion of the presiding official, the time allocated to each
speaker 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 hearing will be conducted in an informal manner. Formal rules
of evidence and cross examination will not apply. The hearing panel may
ask questions of speakers. Speakers may ask questions of the hearing
panel. MSHA will make a transcript of the hearing, post it on MSHA's
Web site http://www.msha.gov, and include it in the rulemaking record.
A link to the complete webcast will be placed on MSHA's Web site
several days after the hearing.
MSHA will accept post-hearing written comments and data for the
record from any interested party, including those not presenting oral
statements, by midnight Eastern Daylight Savings Time on October 29,
2008.
Dated: September 22, 2008.
Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
[FR Doc. E8-22679 Filed 9-23-08; 4:15 pm]
BILLING CODE 4510-43-P