Alcohol- and Drug-Free Mines: Policy, Prohibitions, Testing, Training, and Assistance, 63110-63111 [E8-25380]

Download as PDF 63110 Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Proposed Rules substantially change the effect of the regulations being amended.35 The actions proposed herein fall within this categorical exclusion in the Commission’s regulations. dwashington3 on PRODPC61 with PROPOSALS V. Regulatory Flexibility Act 36. The Regulatory Flexibility Act of 1980 (RFA) 36 generally requires a description and analysis of final rules that will have a significant economic impact on a substantial number of small entities. The RFA mandates consideration of regulatory alternatives that accomplish the stated objectives of a proposed rule and that minimize any significant economic impact on a substantial number of small entities. The Small Business Administration’s Office of Size Standards develops the numerical definition of a small business. (See 13 CFR 121.201). For electric utilities, a firm is small if, including affiliates, it is primarily engaged in the transmission, generation and/or distribution of electric energy for sale and its total electric output for the preceding twelve months did not exceed four million megawatt hours. The RFA is not implicated by this Final Rule because the minor modifications and interpretations discussed herein will not have a significant economic impact on a substantial number of small entities. VI. Comment Processing 37. The Commission invites interested persons to submit comments on the matters and issues proposed in this notice to be adopted, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due November 24, 2008. Comments must refer to Docket No. RM08–11–000, and must include the commenters’ name, the organization they represent, if applicable, and their address in their comments. 38. The Commission encourages comments to be filed electronically via the eFiling link on the Commission’s Web site at http:/www.ferc.gov. The Commission accepts most standard word processing formats. Documents created electronically using word processing software should be filed in the native application or print-to-PDF format and not in a scanned format. Commenters filing electronically should not make a paper filing. Service of rulemaking comments is not required. 39. Commenters that are not able to file comments electronically must send an original and 14 copies of their comments to: Federal Energy Regulatory Commission, Secretary of the CFR 380.4(a)(2)(ii). U.S.C. 601–12. VerDate Aug<31>2005 14:57 Oct 22, 2008 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 safetysensitive job duties until they successfully complete the recommended VII. Document Availability treatment and their alcohol- and drug41. In addition to publishing the full free status is confirmed by a return-totext of this document in the Federal duty test. Register, the Commission provides all DATES: All comments must be received interested persons an opportunity to by midnight Eastern Daylight Savings view and/or print the contents of this Time on November 10, 2008. document via the Internet through MSHA will hold a public hearing on FERC’s Home Page (http://www.ferc.gov) October 28, 2008. The SUPPLEMENTARY and in FERC’s Public Reference Room INFORMATION section of this notice during normal business hours (8:30 a.m. includes details of the hearing. to 5 p.m. Eastern time) at 888 First ADDRESSES: Comments must be clearly Street, NE., Room 2A, Washington, DC identified with ‘‘RIN 1219–AB41’’ and 20426. may be sent by any of the following 42. From FERC’s Home Page on the Internet, this information is available on methods: (1)Federal e-Rulemaking Portal: eLibrary. The Full text of this document http://www.regulations.gov. Follow the is available on eLibrary in PDF and instructions for submitting comments. Microsoft Word format for viewing, (2) Electronic mail: zzMSHAprinting, and/or downloading. To access comments@dol.gov. Include ‘‘RIN 1219– this document in eLibrary, type the AB41’’ in the subject line of the docket number excluding the last three message. digits of this document in the docket (3) Facsimile: 202–693–9441. Include number field. ‘‘RIN 1219–AB41’’ in the subject line of 43. User assistance is available for eLibrary and the Commission’s Web site the message. (4) Regular Mail: MSHA, Office of during normal business hours. For Standards, Regulations, and Variances, assistance, please contact the Commission’s Online Support at 1–866– 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209–3939. 208–3676 (toll free) or (202) 502–6652 (5) Hand Delivery or Courier: MSHA, (e-mail at ferconlinesupport@ferc.gov), Office of Standards, Regulations, and or the Public Reference Room at (202) Variances, 1100 Wilson Boulevard, 502–8371, TTY (202) 502–8659 (e-mail Room 2350, Arlington, Virginia. Sign in at public.reference@ferc.gov). at the receptionist’s desk on the 21st By direction of the Commission. floor. Nathaniel J. Davis, Sr., Comments can be accessed Deputy Secretary. electronically at http://www.msha.gov [FR Doc. E8–25051 Filed 10–22–08; 8:45 am] under the Rules and Regs link. MSHA BILLING CODE 6717–01–P will post all comments on the Internet without change, including any personal information provided. Comments may also be reviewed at DEPARTMENT OF LABOR the Office of Standards, Regulations, Mine Safety and Health Administration and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia. Sign in 30 CFR Parts 56, 57, and 66 at the receptionist’s desk on the 21st floor. RIN 1219–AB41 Jkt 217001 AGENCY: FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, patricia.silvey@dol.gov (E-mail), 202– 693–9440 (Voice). SUPPLEMENTARY INFORMATION: SUMMARY: The Mine Safety and Health Administration (MSHA) will hold an 35 18 36 5 Commission, 888 First Street, NE., Washington, DC 20426. 40. All Comments will be placed in the Commission’s public files and may be viewed, printed, or downloaded remotely as described in the Document Availability section below. Commenters on this proposal are not required to serve copies of their comments on other commenters. 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 Alcohol- and Drug-Free Mines: Policy, Prohibitions, Testing, Training, and Assistance Mine Safety and Health Administration (MSHA), Labor. ACTION: Proposed rule; notice of public hearing; extension of comment period. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\23OCP1.SGM 23OCP1 63111 Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Proposed Rules 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 safetysensitive job duties until they successfully complete the recommended treatment and their alcohol- and drugfree status is confirmed by a return-toduty 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: Date Location Contact information October 28, 2008 ............... Via Audio: 9:00 a.m. Eastern Daylight Savings Time. The National Mine Health and Safety Academy, 1301 Airport Road, Beckley, WV 25813. Via Audio: 8:00 a.m. Central Daylight Savings Time. Sheraton Birmingham Hotel, 2101 Richard Arrington Jr. Blvd. N, Medical Forum Auditorium, Birmingham, Alabama 35203. Via Audio: 8:00 a.m. Central Daylight Savings Time. United Steelworkers Local Union #1938, 307 First Street North, Virginia, Minnesota 55792. Office of Standards, Regulations and Variances, 202–693–9440. Office of Standards, Regulations and Variances, 202–693–9440. October 28, 2008 ............... October 28, 2008 ............... 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 Office of Standards, Regulations and Variances, 202–693–9440. 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] BILLING CODE 4510–43–P LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2008–9] Fees Correction In proposed rule document E8–24269 beginning on page 60658 in the issue of Tuesday, October 14, 2008, make the following correction: On page 60661, the table is corrected in part as follows: dwashington3 on PRODPC61 with PROPOSALS Registration, recordation, and related services * * * * Current fees * * Proposed fees * Special Services (1) (2) (3) (4) Service charge for deposit account overdraft ............................................................................................................ Service charge for dishonored deposit account replenishment check ...................................................................... Service charge for an uncollectible or non-negotiable check 1 .................................................................................. Appeals: VerDate Aug<31>2005 14:57 Oct 22, 2008 Jkt 217001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\23OCP1.SGM 23OCP1 $150 75 N/A $165 85 25

Agencies

[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Proposed Rules]
[Pages 63110-63111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25380]


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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.

-----------------------------------------------------------------------

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:

------------------------------------------------------------------------
                                                             Contact
               Date                      Location          information
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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]
BILLING CODE 4510-43-P