Petitions for Modification, 30395-30397 [E7-10442]

Download as PDF Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices (LTFV). The Commission finds that critical circumstances do not exist with respect to subject imports from China. Background The Commission instituted this investigation effective June 23, 2006, following receipt of a petition filed with the Commission and Commerce by DAK Americas, LLC, Charlotte, NC; Nan Ya Plastics Corporation, America, Lake City, SC; and Wellman, Inc., Shrewsbury, NJ. The final phase of the investigation was scheduled by the Commission following notification of a preliminary determination by Commerce that imports of certain polyester staple fiber from China were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on January 11, 2007 (72 FR 1341). The hearing was held in Washington, DC, on March 13, 2007, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determination in this investigation to the Secretary of Commerce on May 24, 2007. The views of the Commission are contained in USITC Publication 3922 (June 2007), entitled Certain Polyester Staple Fiber from China: Investigation No. 731–TA–1104 (Final). By order of the Commission. Issued: May 24, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–10409 Filed 5–30–07; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request sroberts on PROD1PC70 with NOTICES May 24, 2007. The Department of Labor (DOL) has submitted the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. Chapter 35). A copy of this ICR, with applicable supporting VerDate Aug<31>2005 16:01 May 30, 2007 Jkt 211001 documentation, may be obtained at https://www.reginfo.gov/public/do/ PRAMain, or contact Ira Mills on 202– 693–4122 (this is not a toll-free number) or E-mail: Mills.Ira@dol.gov. Comments should be sent to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for U.S. Department of Labor/Office of Disability Employment Policy (ODEP), Office of Management and Budget, Room 10235, Washington, DC 20503, 202–395–7316 (this is not a toll free number), within 30 days from the date of this publication in the Federal Register. The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: Office of Disability Employment Policy. Type of Review: New Collection. Title: Survey of Employer Perspectives on the Employment of People with Disabilities. OMB Number: 1230—0NEW. Frequency: On occasion. Affected Public: Business or other forprofit; Not-for-profit institutions; Farms; Federal Government; and State, Local, or Tribal Government. Type of Response: Reporting. Number of Respondents: 3,600. Annual Responses: 3,600. Average Response time: 15 minutes. Total Annual Burden Hours: 900. Total Annualized Capital/Startup Costs: $54,270. Total Annual Costs (operating/ maintaining systems or purchasing services): $575,254. Description: The U.S. Department of Labor, Office of Disability Employment Policy (ODEP), under the Omnibus Appropriations Resolution, 2003, Public Law 1087; Consolidated Appropriations Act, 2001, Public Law 106–554, 29 U.S.C. 557b, proposes to conduct a PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 30395 survey of employers’ perceptions on the employment of people with disabilities. The proposed survey of employers will build on the findings of previous employer surveys, with an emphasis on current attitudes and practices of employers in 12 industry sectors, including some high growth industries as projected by the Bureau of Labor Statistics. ODEP is also interested in understanding employers’ perspectives about disability employment by company size and individuals at different levels organizationally within a given employer e.g., Executive, Human Resources and Equal Employment Opportunity, front line supervisor or manager). The survey will be conducted by telephone by a survey firm utilizing computer assisted telephone interviewing capability. Ira L. Mills, Departmental Clearance Officer/ Team Leader. [FR Doc. E7–10362 Filed 5–30–07; 8:45 am] BILLING CODE 4510–CX–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification Mine Safety and Health Administration, Labor. ACTION: Notice of petitions for modification of existing mandatory safety standards. AGENCY: SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations. Comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before July 2, 2007. ADDRESSES: You may submit your comments, identified by ‘‘docket number’’ on the subject line, by any of the following methods: 1. E-Mail: StandardsPetitions@dol.gov. 2. Telefax: 1–202–693–9441. 3. Hand-Delivery or Regular Mail: Submit comments to the Mine Safety and Health Administration (MSHA), Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209, DATES: E:\FR\FM\31MYN1.SGM 31MYN1 30396 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices Attention: Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. We will consider only comments postmarked by the U.S. Postal Service or proof of delivery from another delivery service such as UPS or Federal Express on or before the deadline for comments. Individuals who submit comments by hand-delivery are required to sign-in at the receptionist desk on the 21st floor. Individuals may inspect copies of the petitions and comments during normal business hours at the address listed above. FOR FURTHER INFORMATION CONTACT: Edward Sexauer, Chief, Regulatory Development Division at 202–693–9444 (Voice), sexauer.edward@dol.gov (Email), or 202–693–9441 (Telefax), or contact Barbara Barron at 202–693–9447 (Voice), barron.barbara@dol.gov (Email), or 202–693–9441 (Telefax). [These are not toll-free numbers. SUPPLEMENTARY INFORMATION: I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary determines that: (1) An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or (2) that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modifications. sroberts on PROD1PC70 with NOTICES II. Petitions for Modification Docket Number: M–2007–018–C. Petitioner: TJS Mining Company, Inc. Mine: Darmac #2 Mine, (MSHA I.D. No. 36–08135), located in Armstrong County, Pennsylvania. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance) and 30 CFR 18.35 (Portable (trailing) cables and cords). Modification Request: The petitioner requests a modification of the existing standard to increase the cable length of cables supplying power to two (2) Fletcher Roof Ranger II Roof Bolters. The petitioner states that: (1) The utilization voltage for these machines is 480 volts, three-phase alternating current and the maximum length of the 480-volt trailing cables will be 950 feet; VerDate Aug<31>2005 16:01 May 30, 2007 Jkt 211001 (2) the trailing cables for the 480-volt Fletcher Roof Ranger II Roof Bolters will not be smaller than No. 2 A.W.G. cable; (3) all circuit breakers used to protect the No. 2 A.W.G. trailing cables exceeding 700 feet in length will have instantaneous trip units calibrated to trip at 500 amperes and the trip setting of the circuit breakers will be sealed to ensure that the settings cannot be changed; (4) these breakers will have permanent legible labels identifying the circuit breakers as being suitable for protecting the No. 2 A.W.G cables; (5) replacement circuit breakers and/or instantaneous trip units used to protect the No. 2 A.W.G. trailing cables will be calibrated to trip at 500 amperes and the setting will be sealed; and (6) all components that provide short-circuit protection will have a sufficient interruption rating in accordance with the maximum calculated fault currents available. The petitioner also asserts that the cables and circuit breakers will be inspected each production day and warning labels will be installed on the load center to identify each short-circuit protective device. The petitioner states that the alternative method will not be implemented until training has been provided to all miners who are designated to operate the Roof Ranger II, and to person(s) designated to examine the trailing cables or trip settings on the circuit breakers. The petitioner further states that the miners will be trained in the terms and conditions of the Proposed Decision and Order, and within 60 days the petitioner will submit revisions of its Part 48 training plan to the District Manager that includes task training to comply with the final order. The petitioner asserts that the proposed alternative method will at times guarantee no less than the same measure of protection afforded the miners by such standard with no diminution of safety to the miners. The petitioner has listed additional procedures in this petition that will be used when the proposed alternative method is implemented. Persons may review a complete description of the procedures and training requirements at the MSHA address listed in this notice. Docket Number: M–2007–019–C. Petitioner: Little Buck Coal Company, 57 Lincoln Road, Pine Grove, Pennsylvania 17963. Mine: Bottom Split Slope, (MSHA I.D. No. 36–09491), located in Schuylkill County, Pennsylvania. Regulation Affected: 30 CFR 75.335 (Construction of seals). Modification Request: The petitioner proposes to: (1) Construct alternative seals from wooden materials of moderate size and weight; (2) design the PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 seals in the 10 psi range; and (3) install the seals in pairs, which require water traps to be installed in the gangway seal (lowest elevation) and sampling tube in the monkey seal (higher elevation). In addition, petitioner asserts that concrete block and mortar construction for openings parallel to the pitching vein would be almost impossible to construct and would be subject to fail because of its weight and would expose miners to safety hazards during transport. The petitioner cites non-explosibility of anthracite coal dust and minimal potential for either an accumulation of methane in previously mined pitching veins or an ignition source in the gob area, as justification for the proposed 10 psi design. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Docket Number: M–2007–020–C. Petitioner: Energy West Mining Company, P.O. Box 310, Huntington, Utah 84528. Mine: Deer Creek Mine, (MSHA I.D. No. 42–00212), located in Emery County, Utah. Regulation Affected: 30 CFR 75.350 (Air courses and belt haulage entries). Modification Request: The petitioner requests an amendment to the proposed decision and order (PDO) for its previously granted petition for modification, docket number M–2002– 012–C to: (1) Remove section IV(c) and section IV(d) regarding heavy duty diesel-powered equipment and replace these sections with language described in this amended petition; (2) to remove language addressing refueling of diesel equipment in a two entry in section IV(e) of the PDO, and replace it with language described in the amended petition. Persons may review the amended petition at the MSHA address listed in this notice. Docket Number: M–2007–021–C. Petitioner: Black Beauty Coal Company, P.O. Box 347, Francisco, Indiana 47649. Mine: Francisco Underground Pit, (MSHA I.D. No. 12–02295), located in Gibson County, Indiana. Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible dieselpowered equipment; design and performance requirements). Modification Request: The petitioner proposes to operate the Getman Road Builder, RDG–1504S, Serial Number 6925, without front brakes as it was originally designed. The petitioner states that: (1) The Road Builder has dual brake systems on the four (4) rear wheels and is designed to prevent a loss of braking due to a single component failure; (2) the operators will be trained E:\FR\FM\31MYN1.SGM 31MYN1 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices to recognize appropriate speeds for different road conditions and slopes, and to lower the grader blade to provide additional stopping capability; and (3) the safety of the miners will not be compromised. The petitioner asserts that the alternative braking method will provide the necessary safety for the workforce as is required in 30 CFR 75.1909(b)(6). Docket Number: M–2007–005–M. Petitioner: Oldcastle Industrial Minerals, 550 S. Biesecker Road, Thomasville, Pennsylvania. Mine: Thomasville Mine, (MSHA I.D. No. 36–03432), located in York County, Pennsylvania. Regulation Affected: 30 CFR 57.11052(d) (Refuge areas). Modification Request: The petitioner requests a modification of the existing standard to permit the use of compressed air cylinders and bottled water instead of using compressed air and water lines to underground refuge chambers. The petitioner states that: (1) The Thomasville Mine is a high purity, non-gas liberating limestone mine where multiple geologic deformation phases have occurred which has led to the utilization of multiple mining techniques on many different working levels within multiple underground and surface mine operations; (2) the refuge chamber will contain enough compressed air to support four (4) people for up to 2 days, which based on NIOSH figures of oxygen consumption, will require a minimum of 672 cubic feet of oxygen or 3215 cubic feet of breathable air (of which 20.9% is oxygen) supplied in compressed air tanks; and (3) since there is no source of potable water underground it will supply bottled water in the refuge chamber to provide a source of safe, clean water, which would not be the case if water lines from the pumping stations were used. Dated: May 18, 2007. Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. [FR Doc. E7–10442 Filed 5–30–07; 8:45 am] BILLING CODE 4510–43–P NATIONAL ARCHIVES AND RECORDS ADMINSTRATION sroberts on PROD1PC70 with NOTICES Nixon Presidential Historical Materials: Opening of Materials National Archives and Records Administration. ACTION: Notice of opening of materials. AGENCY: SUMMARY: This notice announces the opening of additional Nixon VerDate Aug<31>2005 16:01 May 30, 2007 Jkt 211001 presidential historical materials. Notice is hereby given that, in accordance with section 104 of Title I of the Presidential Recordings and Materials Preservation Act (‘‘PRMPA’’, 44 U.S.C. 2111 note) and 1275.42 (b) of the PRMPA Regulations implementing act (36 CFR part 1275), the agency has identified, inventoried, and prepared for public access approximately 11 hours of Nixon White House tape recordings among the Nixon presidential historical materials. DATES: The National Archives and Records Administration (NARA) intends to make the materials described in this notice available to the public no earlier than July 5, 2007. The exact date of the opening has yet to be determined, but public notice will be provided on the National Archives and Records Administration Web site (https:// www.archives.gov). In accordance with 36 CFR 1275.44, any person who believes it necessary to file a claim of legal right or privilege concerning access to these materials should notify the Archivist of the United States in writing of the claimed right, privilege, or defense on or before July 2, 2007. ADDRESSES: The materials will be made available to the public at the National Archives at College Park research room. The National Archives at College Park research room is located at 8601 Adelphi Road, College Park, Maryland 20740–6001. FOR FURTHER INFORMATION CONTACT: Tim Naftali, Director, Nixon Presidential Materials Staff, 714–983–9121. SUPPLEMENTARY INFORMATION: NARA is proposing to open approximately 165 conversations which were recorded at the Nixon White House in November 1972. These conversations total approximately 11 hours and 30 minutes of listening time. NARA is proposing to open three tapes from November 1972. They are: White House Telephone Tape 33, recorded between November 3, 1972 and November 19, 1972; White House Old Executive Office Building tape 388, recorded on November 8, 1972; and White House Oval Office tape 813, recorded on November 8, 1972. This is the eleventh opening of Nixon White House tapes since 1980. There are no transcripts for these tapes. Tape subject logs, prepared by NARA, are offered for public access as a finding aid to the tape segments and a guide for the listener. There is a separate tape log entry for each conversation. Each tape log entry includes the names of participants; date and inclusive times of each conversation; location of the conversation; and an outline of the content of the conversation. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 30397 The tape recordings will be made available in the research room at 8601 Adelphi Road, College Park, Maryland no earlier than noon on the opening date. Researchers must have a NARA researcher card, which they may obtain when they arrive at the facility. Listening stations will be available for public use on a first come, first served basis. NARA reserves the right to limit listening time in response to heavy demand. Dated: May 24, 2007. Allen Weinstein, Archivist of the United States. [FR Doc. E7–10411 Filed 5–30–07; 8:45 am] BILLING CODE 7515–01–P OFFICE OF NATIONAL DRUG CONTROL POLICY Meeting of the Advisory Commission on Drug Free Communities AGENCY: Office of National Drug Control Policy. ACTION: Notice of meeting. SUMMARY: In accordance with the DrugFree Communities Act, a meeting of the Advisory Commission on Drug Free Communities will be held on June 27 and 28, 2007 at the Office of National Drug Control Policy in the 5th Floor Conference Room, 750 17th Street, NW., Washington, DC. The meeting will commence at 8:30 a.m. on Wednesday, June 27th, 2007 and adjourn for the evening at 5 p.m. The meeting will reconvene at 8:30 a.m. on Thursday, June 28th, 2007 in the same location. The meeting will adjourn at 4 p.m. on Thursday, June 28th, 2007. The agenda is slated to include: Remarks by ONDCP Director John P. Walters, remarks by the DFC Program’s Administrator, Jack Claypoole, and remarks by Policy Analyst Ken Shapiro. There will also be a discussion of the program’s evaluation, a discussion about the reauthorization of the Drug Free Communities Program, a review of the new grant process, and an update from the Substance Abuse and Mental Health Services Administration. There will be an opportunity for public comment from 9–9:30 on Thursday, June 28th, 2007. Members of the public who wish to attend the meeting and/or make public comment should contact ShaNice Stokes, at (202) 395–6699 to arrange building access. FOR FURTHER INFORMATION CONTACT: Linda V. Priebe, (202) 395–6622. E:\FR\FM\31MYN1.SGM 31MYN1

Agencies

[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Notices]
[Pages 30395-30397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10442]


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

DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice of petitions for modification of existing mandatory 
safety standards.

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

SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR Part 44 govern the application, processing, and 
disposition of petitions for modification. This notice is a summary of 
petitions for modification filed by the parties listed below to modify 
the application of existing mandatory safety standards published in 
Title 30 of the Code of Federal Regulations.

DATES: Comments on the petitions must be received by the Office of 
Standards, Regulations, and Variances on or before July 2, 2007.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. E-Mail: Standards-Petitions@dol.gov.
    2. Telefax: 1-202-693-9441.
    3. Hand-Delivery or Regular Mail: Submit comments to the Mine 
Safety and Health Administration (MSHA), Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, 
Arlington, Virginia 22209,

[[Page 30396]]

Attention: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances.
    We will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments. Individuals 
who submit comments by hand-delivery are required to sign-in at the 
receptionist desk on the 21st floor.
    Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.

FOR FURTHER INFORMATION CONTACT: Edward Sexauer, Chief, Regulatory 
Development Division at 202-693-9444 (Voice), sexauer.edward@dol.gov 
(E-mail), or 202-693-9441 (Telefax), or contact Barbara Barron at 202-
693-9447 (Voice), barron.barbara@dol.gov (E-mail), or 202-693-9441 
(Telefax). [These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: 

 I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary determines that: (1) An 
alternative method of achieving the result of such standard exists 
which will at all times guarantee no less than the same measure of 
protection afforded the miners of such mine by such standard; or (2) 
that the application of such standard to such mine will result in a 
diminution of safety to the miners in such mine. In addition, the 
regulations at 30 CFR 44.10 and 44.11 establish the requirements and 
procedures for filing petitions for modifications.

II. Petitions for Modification

    Docket Number: M-2007-018-C.
    Petitioner: TJS Mining Company, Inc.
    Mine: Darmac 2 Mine, (MSHA I.D. No. 36-08135), located in 
Armstrong County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35 (Portable (trailing) cables 
and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to increase the cable length of cables supplying 
power to two (2) Fletcher Roof Ranger II Roof Bolters. The petitioner 
states that: (1) The utilization voltage for these machines is 480 
volts, three-phase alternating current and the maximum length of the 
480-volt trailing cables will be 950 feet; (2) the trailing cables for 
the 480-volt Fletcher Roof Ranger II Roof Bolters will not be smaller 
than No. 2 A.W.G. cable; (3) all circuit breakers used to protect the 
No. 2 A.W.G. trailing cables exceeding 700 feet in length will have 
instantaneous trip units calibrated to trip at 500 amperes and the trip 
setting of the circuit breakers will be sealed to ensure that the 
settings cannot be changed; (4) these breakers will have permanent 
legible labels identifying the circuit breakers as being suitable for 
protecting the No. 2 A.W.G cables; (5) replacement circuit breakers 
and/or instantaneous trip units used to protect the No. 2 A.W.G. 
trailing cables will be calibrated to trip at 500 amperes and the 
setting will be sealed; and (6) all components that provide short-
circuit protection will have a sufficient interruption rating in 
accordance with the maximum calculated fault currents available. The 
petitioner also asserts that the cables and circuit breakers will be 
inspected each production day and warning labels will be installed on 
the load center to identify each short-circuit protective device. The 
petitioner states that the alternative method will not be implemented 
until training has been provided to all miners who are designated to 
operate the Roof Ranger II, and to person(s) designated to examine the 
trailing cables or trip settings on the circuit breakers. The 
petitioner further states that the miners will be trained in the terms 
and conditions of the Proposed Decision and Order, and within 60 days 
the petitioner will submit revisions of its Part 48 training plan to 
the District Manager that includes task training to comply with the 
final order. The petitioner asserts that the proposed alternative 
method will at times guarantee no less than the same measure of 
protection afforded the miners by such standard with no diminution of 
safety to the miners. The petitioner has listed additional procedures 
in this petition that will be used when the proposed alternative method 
is implemented. Persons may review a complete description of the 
procedures and training requirements at the MSHA address listed in this 
notice.
    Docket Number: M-2007-019-C.
    Petitioner: Little Buck Coal Company, 57 Lincoln Road, Pine Grove, 
Pennsylvania 17963.
    Mine: Bottom Split Slope, (MSHA I.D. No. 36-09491), located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.335 (Construction of seals).
    Modification Request: The petitioner proposes to: (1) Construct 
alternative seals from wooden materials of moderate size and weight; 
(2) design the seals in the 10 psi range; and (3) install the seals in 
pairs, which require water traps to be installed in the gangway seal 
(lowest elevation) and sampling tube in the monkey seal (higher 
elevation). In addition, petitioner asserts that concrete block and 
mortar construction for openings parallel to the pitching vein would be 
almost impossible to construct and would be subject to fail because of 
its weight and would expose miners to safety hazards during transport. 
The petitioner cites non-explosibility of anthracite coal dust and 
minimal potential for either an accumulation of methane in previously 
mined pitching veins or an ignition source in the gob area, as 
justification for the proposed 10 psi design. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.
    Docket Number: M-2007-020-C.
    Petitioner: Energy West Mining Company, P.O. Box 310, Huntington, 
Utah 84528.
    Mine: Deer Creek Mine, (MSHA I.D. No. 42-00212), located in Emery 
County, Utah.
    Regulation Affected: 30 CFR 75.350 (Air courses and belt haulage 
entries).
    Modification Request: The petitioner requests an amendment to the 
proposed decision and order (PDO) for its previously granted petition 
for modification, docket number M-2002-012-C to: (1) Remove section 
IV(c) and section IV(d) regarding heavy duty diesel-powered equipment 
and replace these sections with language described in this amended 
petition; (2) to remove language addressing refueling of diesel 
equipment in a two entry in section IV(e) of the PDO, and replace it 
with language described in the amended petition. Persons may review the 
amended petition at the MSHA address listed in this notice.
    Docket Number: M-2007-021-C.
    Petitioner: Black Beauty Coal Company, P.O. Box 347, Francisco, 
Indiana 47649.
    Mine: Francisco Underground Pit, (MSHA I.D. No. 12-02295), located 
in Gibson County, Indiana.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner proposes to operate the Getman 
Road Builder, RDG-1504S, Serial Number 6925, without front brakes as it 
was originally designed. The petitioner states that: (1) The Road 
Builder has dual brake systems on the four (4) rear wheels and is 
designed to prevent a loss of braking due to a single component 
failure; (2) the operators will be trained

[[Page 30397]]

to recognize appropriate speeds for different road conditions and 
slopes, and to lower the grader blade to provide additional stopping 
capability; and (3) the safety of the miners will not be compromised. 
The petitioner asserts that the alternative braking method will provide 
the necessary safety for the workforce as is required in 30 CFR 
75.1909(b)(6).
    Docket Number: M-2007-005-M.
    Petitioner: Oldcastle Industrial Minerals, 550 S. Biesecker Road, 
Thomasville, Pennsylvania.
    Mine: Thomasville Mine, (MSHA I.D. No. 36-03432), located in York 
County, Pennsylvania.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of compressed air cylinders and 
bottled water instead of using compressed air and water lines to 
underground refuge chambers. The petitioner states that: (1) The 
Thomasville Mine is a high purity, non-gas liberating limestone mine 
where multiple geologic deformation phases have occurred which has led 
to the utilization of multiple mining techniques on many different 
working levels within multiple underground and surface mine operations; 
(2) the refuge chamber will contain enough compressed air to support 
four (4) people for up to 2 days, which based on NIOSH figures of 
oxygen consumption, will require a minimum of 672 cubic feet of oxygen 
or 3215 cubic feet of breathable air (of which 20.9% is oxygen) 
supplied in compressed air tanks; and (3) since there is no source of 
potable water underground it will supply bottled water in the refuge 
chamber to provide a source of safe, clean water, which would not be 
the case if water lines from the pumping stations were used.

    Dated: May 18, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E7-10442 Filed 5-30-07; 8:45 am]
BILLING CODE 4510-43-P

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