The Federal Register

Meetings; Sunshine Act

Fri, Nov 21 2008 11:00:00 GMT

November 17, 2008.
Time and Date: 10 a.m., Thursday, December 4, 2008.
Place: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC.
Status: Open.
Matters to be Considered: The Commission will consider and act upon the following in open session: Secretary of Labor on behalf of Lawrence L. Pendley v. Highland Mining Company, LLC, Docket Nos. KENT 2007383D and KENT 2007506D. (Issues include whether the Administrative Law Judge properly concluded that the operator did not discriminate against the miner in question under section 105(c) of the Federal Mine Safety and Health Act, 30 U.S.C. 815(c).)

Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).
Contact Person for More Info: Jean Ellen (202) 4349950/(202) 7089300 for TDD Relay/18008778339 for toll free.
Jean H. Ellen,
Chie

Sunshine Act; Notice

Fri, Nov 14 2008 11:00:00 GMT

November 4, 2008.
Time and Date: 10 a.m., Thursday, November 20, 2008.
Place: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC.
Status: Open.
Matters to be Considered: The Commission will hear oral argument in the matter Secretary of Labor on behalf of Lawrence L. Pendley v. Highland Mining Company, LLC, Docket Nos. KENT 2007383D and KENT 2007506D. (Issues include whether the Administrative Law Judge properly concluded that the operator did not discriminate against the miner in question under section 105(c) of the Federal Mine Safety and Health Act, 30 U.S.C. 815(c).)

Any person attending this oral argument who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).
Contact Person for More Info: Jean Ellen (202) 4349950/(202) 7089300 for TDD Relay/18008778339 for toll free.
Jean H. Ellen,
Chief Docket Clerk.

Procedural Rules

Tue, Oct 21 2008 11:00:00 GMT

The Federal Mine Safety and Health Review Commission (the ``Commission'') previously published, on September 2, 2008, an advanced notice of proposed rulemaking seeking suggestions for improving its procedures for processing requests for relief from default. The notice provided that the comment period would end on November 3, 2008. A request was made that the comment period be extended to November 17, and the Commission has agreed to do so.

Procedural Rules

Tue, Sep 2 2008 11:00:00 GMT

The Federal Mine Safety and Health Review Commission (the ``Commission'') is an independent adjudicatory agency that provides trials and appellate review of cases arising under the Federal Mine Safety and Health Act of 1977 (2000) (the ``Mine Act''). Trials are held before the Commission's Administrative Law Judges, and appellate review is provided by a fivemember Review Commission appointed by the President and confirmed by the Senate. The Commission is seeking suggestions for improving its procedures for processing requests for relief from default and reducing the number of cases in which a party seeks relief before the Commission after default.

Sunshine Act Meeting

Fri, Jun 27 2008 11:00:00 GMT

Time and Date: 10 a.m., Thursday, July 24, 2008.
Place: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC.
Status: Open.

Matters to be Considered:

The Commission will consider and act upon the following in open session: Secretary of Labor v. National Cement Company of California, Docket No. WEST 2004182RM. (Issues include whether the Secretary properly interpreted section 3(h)(1) of the Mine Act in concluding that MSHA had jurisdiction over an access road leading to a cement plant.)

Sunshine Act Meeting

Tue, Jun 24 2008 11:00:00 GMT

June 17, 2008.
Time And Date: 10 a.m., Wednesday, July 9, 2008.
Place: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC.
Status: Open.
Matters to be Considered: The Commission will hear oral argument in the matter Secretary of Labor v. Spartan Mining Company, Docket Nos. WEVA 2004117RM, et al. (Issues include whether the Administrative Law Judge properly found violations and assessed penalties for the following standards: 30 CFR 75.606 (requiring protecting cables); 30 CFR 75.511 (requiring locking and tagging out before electrical work); 30 CFR 75.1725(a) (requiring unsafe equipment to be removed from service); and 30 CFR 75.313(a)(3) (requiring withdrawal from a working section in mine fan outage)).

Sunshine Act Meeting

Mon, Jun 23 2008 11:00:00 GMT

Date: June 19, 2008.
Time and Date: 10 a.m., Wednesday, July 16, 2008.
Place: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC.
Status: Open.
Matters to be Considered: The Commission will consider and act upon the following in open session: Secretary of Labor v. Spartan Mining Company, Docket Nos. WEVA 2004117RM, et al. (Issues include whether the Administrative Law Judge properly found violations and assessed penalties for the following standards: 30 CFR 75.606 (requiring protecting cables); 30 CFR 75.511 (requiring locking and tagging out before electrical work); 30 CFR 75.1725(a) (requiring unsafe equipment to be removed from service); and 30 CFR 75.313(a)(3) (requiring withdrawal from a working section in mine fan outage)).

Sunshine Act Meeting

Thu, Jun 5 2008 11:00:00 GMT

May 30, 2008.
Time and Date: 10 a.m., Wednesday, June 11, 2008
Place: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC.
Status: Open.
Matters To Be Considered: The Commission will consider and act upon the following in open session: Secretary of Labor v. Twentymile Coal Company, Docket No. WEST 2007892E. (Issues include whether the Secretary properly interpreted the breathable air provisions of section 316 of the Mine Act and whether the MSHA District Manager erred in refusing to approve the operator's emergency response plan unless it provided for a refuge chamber in the main entry.)

Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).
Contact Person For More Info: Jean Ellen, (202) 4349950 / (202) 708 9300 for TDD Relay / 18008778339 for toll free.
Jean H. Ellen,
Chi

Sunshine Act Meetings

Fri, May 23 2008 11:00:00 GMT

May 12, 2008.
Time And Date: 10 a.m., Thursday, June 5, 2008.
Place: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC.
Status: Open.
Matters to be Considered: The Commission will hear oral argument in the matter of Secretary of Labor v. Twentymile Coal Company, Docket No. WEST 2007892E. (Issues include whether the Secretary properly interpreted the breathable air provisions of section 316 of the Mine Act and whether the MSHA District Manager erred in refusing to approve the operator's emergency response plan unless it provided for a refuge chamber in the main entry.)

Sunshine Act Meeting

Mon, May 5 2008 11:00:00 GMT

Time and Date: 10 a.m., Thursday, May 15, 2008.

Place: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC.

Status: Open.

Matters To Be Considered: The Commission will consider and act upon the following in open session: Secretary of Labor v. Phelps Dodge Tyrone, Inc., Docket No. CENT 2006212RM. (Issues include whether the Administrative Law Judge erred in concluding that an unplanned fire that was not extinguished within 30 minutes occurred and therefore that the operator violated the requirement of 30 CFR 50.10 that such an accident be reported to MSHA within 15 minutes.)

Contact Person for More Info: Jean Ellen (202) 4349950 / (202) 7089300
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Sunshine Act Meeting

Fri, Apr 25 2008 11:00:00 GMT

April 14, 2008.
Time and Date: 10 a.m., Friday, May 2, 2008.
Place: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC.
Status: Open.
Matters To Be Considered: The Commission will hear oral argument in the matter Secretary of Labor v. Phelps Dodge Tyrone, Inc., Docket No. CENT 2006212RM. (Issues include whether the Administrative Law Judge erred in concluding that an unplanned fire that was not extinguished within 30 minutes occurred and therefore that the operator violated the requirement of 30 CFR 50.10 that such an accident be reported to MSHA within 15 minutes.)