[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Proposed Rules]
[Page 63110-63111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc08-23]
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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 an
additional 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 November 10, 2008.
MSHA will hold a public hearing on October 28, 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: zzMSHA-comments@dol.gov. 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,
patricia.silvey@dol.gov (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
[[Page 63111]]
concerning the use of intoxicating beverages and narcotics and would
make the new standard applicable to all mines. On September 26, 2008
(73 FR 55800), MSHA published a document extending the comment period.
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.
MSHA held a public hearing on October 14, 2008 and persons made
presentations via Webcast in Washington, DC, Pittsburgh, PA, and
Englewood, CO. Additionally, persons made presentations via audio in
Birmingham, AL, Beckley, WV, Madisonville, KY, and Price, UT. In
response to further requests, MSHA is holding an additional hearing.
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).
Persons can make presentations via audio 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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Contact
Date Location information
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October 28, 2008................. Via Audio: 9:00 a.m. Office of
Eastern Daylight Standards,
Savings Time. The Regulations
National Mine and Variances,
Health and Safety 202-693-9440.
Academy, 1301
Airport Road,
Beckley, WV 25813.
October 28, 2008................. Via Audio: 8:00 a.m. Office of
Central Daylight Standards,
Savings Time. Regulations
Sheraton Birmingham and Variances,
Hotel, 2101 Richard 202-693-9440.
Arrington Jr. Blvd.
N, Medical Forum
Auditorium,
Birmingham, Alabama
35203.
October 28, 2008................. Via Audio: 8:00 a.m. Office of
Central Daylight Standards,
Savings Time. Regulations
United Steelworkers and Variances,
Local Union 1938, 307 First
Street North,
Virginia, Minnesota
55792.
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The MSHA panel will be located at the Agency's Arlington headquarters
at 1100 Wilson Boulevard, 25th floor in Arlington, Virginia. 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 prior to
the hearing date. Requests to speak may be made by telephone (202-693-
9440), facsimile (202-693-9441), electronic mail zzMSHA-
comments@dol.gov 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 audio at several locations, for scheduling purposes,
MSHA strongly 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 audio recording 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 November 10,
2008.
Dated: October 20, 2008.
Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
[FR Doc. E8-25380 Filed 10-21-08; 11:15 am]
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