Examinations of Work Areas in Underground Coal Mines and Pattern of Violations, 35801-35802 [2011-15250]

Download as PDF Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Proposed Rules Airspace Designations and Reporting Points, dated August 18, 2010, effective September 15, 2010, is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. * * * * * ASO NC E5 Shelby, NC [AMENDED] Shelby-Cleveland County Regional Airport, NC (Lat. 35°15′21″ N., long. 81°36′02″ W.) That airspace extending upward from 700 feet above the surface within a 7.8-mile radius of Shelby-Cleveland County Regional Airport. Issued in College Park, Georgia, on June 1, 2011. Mark D. Ward, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. 2011–15110 Filed 6–17–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF LABOR Mine Safety and Health Administration 30 CFR Parts 75 and 104 RIN 1219–AB75, 1219–AB73 Examinations of Work Areas in Underground Coal Mines and Pattern of Violations Mine Safety and Health Administration, Labor. ACTION: Proposed rule; notice of public hearing; notice of extension of comment period. AGENCY: The Mine Safety and Health Administration (MSHA) will hold additional public hearings on the Agency’s proposed rules for Examinations of Work Areas in Underground Coal Mines (Examinations of Work Areas) and for Pattern of Violations. DATES: The hearings will be held on July 12, 2011, at the location listed in the ADDRESSES section of this document. SUMMARY: Post-hearing comments must be received or postmarked by midnight Eastern Daylight Saving Time on August 1, 2011. ADDRESSES: The public hearings will be held at The Forum at the Hal Rogers Center, 101 Bulldog Lane, Hazard, Kentucky. Comments, requests to speak, and informational materials for the rulemaking record may be sent to MSHA by any of the following methods. Clearly identify all submissions with ‘‘RIN 1219–AB75’’ for Examinations of Work Areas in Underground Coal Mines’ submissions, and with ‘‘RIN 1219–AB73’’ for Pattern of Violations’ submissions. • Federal E–Rulemaking Portal: https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Electronic mail: https://zzMSHAcomments@dol.gov. Include ‘‘RIN 1219– AB75’’ in the subject line of the message for Examinations of Work Areas in Underground Coal Mines and ‘‘RIN 1219–AB73’’ for Pattern of Violations. • Facsimile: 202–693–9441. • Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 22209–3939. For hand delivery, sign in at the receptionist’s desk on the 21st floor. FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at fontaine.roslyn@dol.gov (e-mail); 202– 693–9440 (voice); or 202–693–9441 (facsimile). SUPPLEMENTARY INFORMATION: I. Availability of Information Federal Register Publications: The proposed rule for Examinations of Work Areas in Underground Coal Mines, published on December 27, 2010 (75 FR 81165), and the proposed rule for Pattern of Violations, published on February 2, 2011 (76 FR 5719), are available on https://www.regulations.gov and on MSHA’s Web site at https:// www.msha.gov/REGSPROP.HTM. Public Comments: MSHA posts all comments without change, including any personal information provided. Access comments electronically on https://www.regulations.gov and on MSHA’s Web site at https:// www.msha.gov/currentcomments.asp. Review comments in person at the Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA. Sign in at the receptionist’s desk on the 21st floor. E-mail Notification: To subscribe to receive e-mail notification when MSHA publishes rulemaking documents in the Federal Register, go to https:// www.msha.gov/subscriptions/ subscribe.aspx. II. Public Hearings MSHA held four public hearings on its proposed rules for Examinations of Work Areas in Underground Coal Mines and for Pattern of Violations. In response to a request from the public, MSHA will hold one additional public hearing on its proposed rules for Examinations of Work Areas in Underground Coal Mines and for Pattern of Violations. Requests to speak at a hearing should be made prior to the hearing date. You do not have to make a written request to speak; however, persons and organizations wishing to speak are encouraged to notify MSHA in advance for scheduling purposes. MSHA requests that parties making presentations at the hearings submit their presentations to MSHA, including any documentation, no later than 5 days prior to the hearing. The public hearing for the Examinations of Work Areas proposal will begin at 8:30 a.m. and the public hearing for the Pattern of Violations proposal will begin immediately following the conclusion of the public hearing on the Examinations of Work Areas proposal. MSHA is holding the two hearings on Tuesday, July 12, 2011, at the following location: Location Tuesday, July 12, 2011 ...................... sroberts on DSK5SPTVN1PROD with PROPOSALS Date The Forum at the Hal Rogers Center, 101 Bulldog Lane, Hazard, Kentucky 41701. Each hearing will begin with an opening statement from MSHA, followed by an opportunity for members of the public to make oral presentations. The hearings will be conducted in an informal manner. Formal rules of evidence will not apply. The hearing VerDate Mar<15>2010 16:12 Jun 17, 2011 Jkt 223001 Contact No. panel may ask questions of speakers and speakers may ask questions of the hearing panel. Speakers and other attendees may present information to MSHA for inclusion in the rulemaking record. MSHA also will accept written comments and other appropriate PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 35801 City Hall: 606–436–3171. information for the record from any interested party, including those not presenting oral statements, until the close of the comment period on August 1, 2011. MSHA will have a verbatim transcript of the proceedings taken for each E:\FR\FM\20JNP1.SGM 20JNP1 35802 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Proposed Rules hearing. Copies of the transcripts will be available to the public on https:// www.regulations.gov and on MSHA’s Web site at https://www.msha.gov/ tscripts.htm. sroberts on DSK5SPTVN1PROD with PROPOSALS III. Pattern of Violations: Clarification Section 104.2(a) of the Pattern of Violations (POV) proposed rule would provide that the specific criteria used in the review to identify mines with a pattern of significant and substantial violations would be posted on MSHA’s website. In the preamble, MSHA requested specific comments on how the Agency should obtain comment during the development of, and periodic revision to, the POV screening criteria. At this point in the rulemaking, MSHA plans to provide any change to the specific criteria to the public, via posting on the Agency’s Web site, for comment before MSHA uses it to review a mine for a POV. MSHA plans to review and respond to comments, and revise, as appropriate, the specific criteria, and post its response to the comments and the revised specific criteria on the Agency’s website. MSHA requests comments on this proposed approach to obtaining public input into revisions to the specific POV criteria. Under § 104.2(a)(8) of the POV proposal, MSHA stated in the preamble that an operator may submit a written safety and health management program to the district manager for approval so that MSHA can determine whether the program’s parameters would result in meaningful, measurable, and significant reductions in significant and substantial violations. MSHA would like to clarify that the Agency did not intend that these safety and health management programs be the same as those referenced in the Agency’s rulemaking on comprehensive safety and health management programs (RIN 1219– AB71), which has not yet been published as a proposed rule. Rather, a safety and health management program that would be considered by MSHA as a mitigating circumstance in the POV proposal would be one that: (1) Includes measurable benchmarks for abating specific violations that could lead to a POV at a specific mine; and (2) addresses hazardous conditions at that mine. IV. Request for Comments MSHA solicits comments from the mining community on all aspects of the proposed rules and is particularly interested in comments that address alternatives to key provisions in the proposals. Commenters are requested to be specific in their comments and submit detailed rationale and VerDate Mar<15>2010 16:12 Jun 17, 2011 Jkt 223001 supporting documentation for any comment or suggested alternative. below for instructions on submitting comments. Dated: June 15, 2011. Joseph A. Main, Assistant Secretary of Labor for Mine Safety and Health. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2011–15250 Filed 6–17–11; 8:45 am] BILLING CODE 4510–43–P DEPARTMENT OF HOMELAND SECURITY Coast Guard Public Participation and Request for Comments 33 CFR Part 100 [Docket No. USCG–2011–0266] RIN 1625–AA08 Special Local Regulations for Marine Events; Patuxent River, Solomons, MD Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish special local regulations during the ‘‘Chesapeake Challenge’’ power boat races, a marine event to be held on the waters of the Patuxent River, near Solomons, MD on September 24 and 25, 2011. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Patuxent River during the event. DATES: Comments and related material must be received by the Coast Guard on or before July 20, 2011. Requests for public meetings must be received by the Coast Guard on or before the end of the comment period. ADDRESSES: You may submit comments identified by docket number USCG– 2011–0266 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section SUMMARY: PO 00000 Frm 00016 Fmt 4702 If you have questions on this proposed rule, call or e-mail Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; telephone 410–576–2674, e-mail Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Sfmt 4702 We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2011–0266), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via https:// www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via https:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an e-mail address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2011–0266’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to E:\FR\FM\20JNP1.SGM 20JNP1

Agencies

[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Proposed Rules]
[Pages 35801-35802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15250]


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

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 75 and 104

RIN 1219-AB75, 1219-AB73


Examinations of Work Areas in Underground Coal Mines and Pattern 
of Violations

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Proposed rule; notice of public hearing; notice of extension of 
comment period.

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

SUMMARY: The Mine Safety and Health Administration (MSHA) will hold 
additional public hearings on the Agency's proposed rules for 
Examinations of Work Areas in Underground Coal Mines (Examinations of 
Work Areas) and for Pattern of Violations.

DATES: The hearings will be held on July 12, 2011, at the location 
listed in the ADDRESSES section of this document.
    Post-hearing comments must be received or postmarked by midnight 
Eastern Daylight Saving Time on August 1, 2011.

ADDRESSES: The public hearings will be held at The Forum at the Hal 
Rogers Center, 101 Bulldog Lane, Hazard, Kentucky.
    Comments, requests to speak, and informational materials for the 
rulemaking record may be sent to MSHA by any of the following methods. 
Clearly identify all submissions with ``RIN 1219-AB75'' for 
Examinations of Work Areas in Underground Coal Mines' submissions, and 
with ``RIN 1219-AB73'' for Pattern of Violations' submissions.
     Federal E-Rulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Electronic mail: http://zzMSHA-comments@dol.gov. Include 
``RIN 1219-AB75'' in the subject line of the message for Examinations 
of Work Areas in Underground Coal Mines and ``RIN 1219-AB73'' for 
Pattern of Violations.
     Facsimile: 202-693-9441.
     Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 
22209-3939. For hand delivery, sign in at the receptionist's desk on 
the 21st floor.

FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Acting Director, 
Office of Standards, Regulations, and Variances, MSHA, at 
fontaine.roslyn@dol.gov (e-mail); 202-693-9440 (voice); or 202-693-9441 
(facsimile).

SUPPLEMENTARY INFORMATION:

I. Availability of Information

    Federal Register Publications: The proposed rule for Examinations 
of Work Areas in Underground Coal Mines, published on December 27, 2010 
(75 FR 81165), and the proposed rule for Pattern of Violations, 
published on February 2, 2011 (76 FR 5719), are available on https://www.regulations.gov and on MSHA's Web site at https://www.msha.gov/REGSPROP.HTM.
    Public Comments: MSHA posts all comments without change, including 
any personal information provided. Access comments electronically on 
https://www.regulations.gov and on MSHA's Web site at https://www.msha.gov/currentcomments.asp. Review comments in person at the 
Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., 
Room 2350, Arlington, VA. Sign in at the receptionist's desk on the 
21st floor.
    E-mail Notification: To subscribe to receive e-mail notification 
when MSHA publishes rulemaking documents in the Federal Register, go to 
https://www.msha.gov/subscriptions/subscribe.aspx.

II. Public Hearings

    MSHA held four public hearings on its proposed rules for 
Examinations of Work Areas in Underground Coal Mines and for Pattern of 
Violations. In response to a request from the public, MSHA will hold 
one additional public hearing on its proposed rules for Examinations of 
Work Areas in Underground Coal Mines and for Pattern of Violations. 
Requests to speak at a hearing should be made prior to the hearing 
date. You do not have to make a written request to speak; however, 
persons and organizations wishing to speak are encouraged to notify 
MSHA in advance for scheduling purposes. MSHA requests that parties 
making presentations at the hearings submit their presentations to 
MSHA, including any documentation, no later than 5 days prior to the 
hearing.
    The public hearing for the Examinations of Work Areas proposal will 
begin at 8:30 a.m. and the public hearing for the Pattern of Violations 
proposal will begin immediately following the conclusion of the public 
hearing on the Examinations of Work Areas proposal.
    MSHA is holding the two hearings on Tuesday, July 12, 2011, at the 
following location:

----------------------------------------------------------------------------------------------------------------
                 Date                             Location                            Contact No.
----------------------------------------------------------------------------------------------------------------
Tuesday, July 12, 2011...............  The Forum at the Hal Rogers    City Hall: 606-436-3171.
                                        Center, 101 Bulldog Lane,
                                        Hazard, Kentucky 41701.
----------------------------------------------------------------------------------------------------------------

    Each hearing will begin with an opening statement from MSHA, 
followed by an opportunity for members of the public to make oral 
presentations. The hearings will be conducted in an informal manner. 
Formal rules of evidence will not apply. The hearing panel may ask 
questions of speakers and speakers may ask questions of the hearing 
panel. Speakers and other attendees may present information to MSHA for 
inclusion in the rulemaking record. MSHA also will accept written 
comments and other appropriate information for the record from any 
interested party, including those not presenting oral statements, until 
the close of the comment period on August 1, 2011.
    MSHA will have a verbatim transcript of the proceedings taken for 
each

[[Page 35802]]

hearing. Copies of the transcripts will be available to the public on 
https://www.regulations.gov and on MSHA's Web site at https://www.msha.gov/tscripts.htm.

III. Pattern of Violations: Clarification

    Section 104.2(a) of the Pattern of Violations (POV) proposed rule 
would provide that the specific criteria used in the review to identify 
mines with a pattern of significant and substantial violations would be 
posted on MSHA's website. In the preamble, MSHA requested specific 
comments on how the Agency should obtain comment during the development 
of, and periodic revision to, the POV screening criteria. At this point 
in the rulemaking, MSHA plans to provide any change to the specific 
criteria to the public, via posting on the Agency's Web site, for 
comment before MSHA uses it to review a mine for a POV. MSHA plans to 
review and respond to comments, and revise, as appropriate, the 
specific criteria, and post its response to the comments and the 
revised specific criteria on the Agency's website. MSHA requests 
comments on this proposed approach to obtaining public input into 
revisions to the specific POV criteria.
    Under Sec.  104.2(a)(8) of the POV proposal, MSHA stated in the 
preamble that an operator may submit a written safety and health 
management program to the district manager for approval so that MSHA 
can determine whether the program's parameters would result in 
meaningful, measurable, and significant reductions in significant and 
substantial violations. MSHA would like to clarify that the Agency did 
not intend that these safety and health management programs be the same 
as those referenced in the Agency's rulemaking on comprehensive safety 
and health management programs (RIN 1219-AB71), which has not yet been 
published as a proposed rule. Rather, a safety and health management 
program that would be considered by MSHA as a mitigating circumstance 
in the POV proposal would be one that: (1) Includes measurable 
benchmarks for abating specific violations that could lead to a POV at 
a specific mine; and (2) addresses hazardous conditions at that mine.

IV. Request for Comments

    MSHA solicits comments from the mining community on all aspects of 
the proposed rules and is particularly interested in comments that 
address alternatives to key provisions in the proposals. Commenters are 
requested to be specific in their comments and submit detailed 
rationale and supporting documentation for any comment or suggested 
alternative.

    Dated: June 15, 2011.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2011-15250 Filed 6-17-11; 8:45 am]
BILLING CODE 4510-43-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.