[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)] [Proposed Rules] [Pages 27562-27563] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-13166] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment Standards Administration 20 CFR Parts 718, 722, 725, 726 and 727 RIN 1215-AA99 Regulations Implementing the Federal Coal Mine Health and Safety Act of 1969, as Amended; Notice of Public Hearings AGENCY: Employment Standards Administration, Labor. ACTION: Proposed rule; Notice of Public Hearings. ----------------------------------------------------------------------- SUMMARY: The Employment Standards Administration (ESA) will hold public hearings on its proposed regulations implementing the Black Lung Benefits Act. The proposed regulations reflect the program's suggestions for change in the processing and adjudication of individual claims for black lung benefits. The proposal also revises the criteria governing the responsibility of coal mine operators to secure the payment of benefits to their employees and reflects many decisions issued by the Benefits Review Board and U.S. courts of appeals over the past thirteen years. ESA proposed these regulations with the goal of improving services, streamlining the adjudication process and updating the regulations' content. The purpose of the hearing is to receive comments on the proposed changes. DATES: A hearing will be held on Thursday, June 19, 1997, in Charleston, West Virginia, from 9 a.m. to 5 p.m. A second hearing will be held in Washington, DC with the procedures, date and time to be announced in a later notice. Requests to make oral presentations for the record at the first hearing should be received by Friday, June 13, 1997. Any unallotted time at the end of the hearing will be made available to persons present and wishing to speak who have not made timely requests. ADDRESSES: The first hearing will be held at the Charleston Civic Center, 2nd Floor, 200 Civic Center Drive, Charleston, West Virginia 25301. Requests to make oral presentations should be sent to James L. DeMarce, Director, Division of Coal Mine Workers' Compensation, Room C- 3520, Frances Perkins Building, 2000 Constitution Avenue, NW., Washington, DC 20210, FAX Number 202-219-8568. FOR FURTHER INFORMATION CONTACT: James L. DeMarce, Director, Division of Coal Mine Workers' Compensation, (202) 219-6692. SUPPLEMENTARY INFORMATION: On January 22, 1997, ESA published a proposed rule (62 FR 3338-3435) intended to amend and revise the regulations implementing the Black Lung Benefits Act, subchapter IV of the Federal Coal Mine Health and Safety Act of 1969, as amended. The comment period originally closed on March 24, 1997, but was extended through May 23, 1997 by subsequent notice (62 FR 8201 (Feb. 24, 1997)). The comment period was extended once again through August 21, 1997. The Department has received requests for public hearings from the United Mine Workers of America, the National Black Lung Association and the National Mining Association. These organizations represent both individuals and companies with a strong interest in the proposed regulations. The Department deems it desirable to provide the interested community with the opportunity to make oral comment on the proposed regulations. The first hearing will be conducted in an informal manner by an ESA official. The formal rules of evidence will not apply. The Department may ask questions of expert or technical witnesses. The order of appearance of persons making presentations will be determined by the Agency. The presiding official may exercise discretion in excluding irrelevant or unduly repetitious material and in ensuring the orderly progress of the hearing. The hearing will provide the opportunity for members of the public to make oral presentations. At the discretion of the presiding official, speakers may be limited to a maximum of 20 minutes for their presentations. Individuals with disabilities, who need special accommodations, should contact James L. DeMarce by Friday, June 13, at the address indicated in this notice. Verbatim transcripts of the proceedings will be prepared and made a part of the rulemaking record. ESA will also accept additional written comments and other appropriate data [[Page 27563]] from any interested party, including those not presenting oral statements, until expiration of the comment period on August 21, 1997. Written comments and data submitted by ESA will be included in the rulemaking record. Signed at Washington, DC, this 15th day of May, 1997. Gene Karp, Deputy Assistant Secretary for Employment Standards. [FR Doc. 97-13166 Filed 5-19-97; 8:45 am] BILLING CODE 4510-27-M