Petitions for Modification, 59309-59311 [E7-20650]

Download as PDF Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices Meeting notice. DEPARTMENT OF JUSTICE ACTION: Notice of Lodging Proposed Consent Decree SUMMARY: The purpose of this notice is to announce a meeting of the National Crime Prevention and Privacy Compact Council (Council) created by the National Crime Prevention and Privacy Compact Act of 1998 (Compact). Thus far, the Federal Government and 27 states are parties to the Compact which governs the exchange of criminal history records for licensing, employment, and similar purposes. The Compact also provides a legal framework for the establishment of a cooperative federalstate system to exchange such records. The United States Attorney General appointed 15 persons from federal and state agencies to serve on the Council. The Council will prescribe system rules and procedures for the effective and proper operation of the Interstate Identification Index System. Matters for discussion are expected to include: (1) Compact council Strategic Plan. (2) Auditing Guidelines for the Integrated Automated Fingerprint Identification System (IAFIS) Audit of Noncriminal Justice Use of Criminal History Record Information. (3) FBI Consideration of the National Fingerprint File Program as Related to the Next Generation IAFIS Initiatives. The meeting will be open to the public on a first-come, first-seated basis. Any member of the public wishing to file a written statement with the Council or wishing to address this session of the council should notify Mr. Todd C. Commodore at (304) 625–2803, at least 24 hours prior to the start of the session. The notification should contain the requestor’s name and corporate designation, consumer affiliation, or government designation, along with a short statement describing the topic to be addressed and the time needed for the presentation. Requesters will ordinarily be allowed up to 15 minutes to present a topic. In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States v. Power Poles, Inc., United States District Court for the District of Puerto Rico, Civil No. 07– 1802 (FAB) (Docket 2), was lodged with the United States District Court for the District of Puerto Rico on August 30, 2007. This proposed Consent Decree concerns a complaint filed by the United States against Power Poles, Inc., pursuant to Section 301(a) of the Clean Water Act, 33 U.S.C. 1311(a), to obtain injunctive relief and impose civil penalties against the Defendant for violating the Clean Water Act by discharging fill material without a permit into waters of the United States. The proposed Consent Decree resolves these allegations by requiring the Defendant to pay a civil penalty. In addition, the Consent Decree requires the Defendant to deposit funds into an escrow account for use as In Lieu Fee Mitigation. The Department of Justice will accept written comments relating to this proposed Consent Decree for thirty (30) days from the date of publication of this Notice. Please address comments to ´ ˜ Isabel Munoz Acosta, Torre Chardon, ´ Suite 1201, 350 Carlos Chardon Ave., San Juan, Puerto Rico 00918, and refer to United States v. Power Poles, Inc., United States District Court for the District of Puerto Rico, Civil No. 07– 1802 (FAB) (Docket 2). The proposed Consent Decree may be examined at the Clerk’s Office, United States District Court for the District of ´ Puerto Rico, 150 Carlos Chardon Street, San Juan, Puerto Rico 00918. In addition, the proposed Consent Decree may be viewed at http://www.usdoj.gov/ enrd/Consent_Decrees.html. ˜ Isabel Munoz Acosta, Assistant United States Attorney, for the District of Puerto Rico. [FR Doc. 07–5153 Filed 10–18–07; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE pwalker on PROD1PC71 with NOTICES Meeting of the Compact Council for the National Crime Prevention and Privacy Compact Federal Bureau of Investigation. VerDate Aug<31>2005 16:46 Oct 18, 2007 Jkt 214001 The meeting will take place at the Renaissance Las Vegas Hotel, 3400 Paradise Road, Las Vegas, Nevada, telephone (866) 352–3434. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Federal Bureau of Investigation AGENCY: The Council will meet in open session from 9 a.m. until 5 p.m., on November 7–8, 2007. DATES: Inquiries may be addressed to Mr. Todd C. Commodore, FBI Compact Officer, Compact Council Office, Module B3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306–0148, telephone (304) 625–2803, facsimile (304) 625– 2539. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 59309 Dated: October 4, 2007. Robert J. Casey, Section Chief, Liaison, Advisory, Training and Statistics Section, Criminal Justice Information Services Division, Federal Bureau of Investigation. [FR Doc. 07–5154 Filed 10–18–07; 8:45 am] BILLING CODE 4410–02–M DEPARTMENT OF LABOR Employment and Training Administration [TA–W–62,045] Tweel Home Furnishings Newark, NJ Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on August 27, 2007, in response to a petition filed by a One-Stop Operator/Partner in North Carolina on behalf of workers of Tweel Home Fashions, Newark, New Jersey. The One-Stop or state agency may only file petitions on behalf of workers employed by a firm located within its own State. Consequently, further investigation would serve no purpose, and the petition investigation is terminated. Signed at Washington, DC, this 5th day of October 2007 Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7–20590 Filed 10–18–07; 8:45 am] BILLING CODE 4510–FN–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, DATES: E:\FR\FM\19OCN1.SGM 19OCN1 59310 Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices Regulations, and Variances on or before November 19, 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, Attention: Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. We will consider only comments postmarked by the U.S. Postal Service or with 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 check 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: pwalker on PROD1PC71 with NOTICES 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) 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–2007–058–C. Petitioner: Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942. VerDate Aug<31>2005 16:46 Oct 18, 2007 Jkt 214001 Mine: Bridger Underground Coal Mine, MSHA I.D. No. 48–01646, located in Sweetwater County, Wyoming. Regulation Affected: 30 CFR 75.1902(c)(2)(i), (ii), and (iii) (Underground diesel fuel-general requirements). Modification Request: The petitioner requests a modification of the existing standard as it pertains to temporary underground diesel fuel storage area location within: (i) 500 feet of the loading point; (ii) 500 feet of the projected loading point where equipment is being installed; or (iii) 500 feet of the loading point where equipment is being removed. The petitioner states that: (1) Due to the size of the pillars utilized at the Bridger Underground mine (80′ x 200′) for ground control purposes in the longwall gate roads, there is little room to store all of the necessary longwall components and the temporary diesel transportation unit; (2) the longwall train consisting of transformers, emulsion pumps, emulsion tanks and other required longwall components is over 180 inches long and takes up a full pillar length; (3) the crosscuts are filled with either roof supports, and/or roof support material due to the necessity of ‘‘gob isolation’’ stopping and supplemental roof support (can cribs, wood cuts, rok-props, etc) along the gateroads. The petitioner proposes to: (1) Store the temporary diesel transportation unit no more than 1000 feet from the section loading point; or projected loading point during equipment installation; or the last designated loading point during equipment removal; (2) equip the diesel self-propelled fuel transportation unit and the diesel-fuel storage tank with MSHA approved automatic fire suppression systems that would be installed to meet the requirements of 30 CFR 75.1911; (3) have a certified person examine the temporary diesel fuel storage area twice each shift when work is performed inby the temporary diesel fuel storage area, and conduct a pre-shift examination of the diesel fuel storage area when work is performed in the area; (4) monitor the temporary diesel fuel storage area with an automated Atmospheric Monitoring System (AMS) that will give an alarm to the responsible person on the surface if an elevated carbon monoxide level is detected; (5) equip the self-propelled fuel transportation unit with either two additional #10 fire extinguishers or one additional #20 fire extinguisher; and (6) equip the diesel fuel storage tank with either two additional #10 fire extinguishers or one additional #20 fire extinguisher. The petitioner further PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 states that: (1) The temporary diesel fuel storage area will be located in an area where the mine roof, mine ribs, and mine floor are well rock dusted and the roof will be supported to meet the requirements of 30 CFR 75.202 and maintain the area free of extraneous combustible materials or ignition sources; and, (2) signs will be posted at each entrance of the temporary diesel fuel storage area to identify the area as a diesel fuel storage area. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Docket Number: M–2007–059–C. Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, P.O. Box 591, Somerset, Colorado 81434. Mine: West Elk Mine, MSHA I.D. No. 05–03672, located in Gunnison County, Colorado. Regulation Affected: 30 CFR 75.335(c) (Seal requirement). Modification Request: The petitioner requests a modification of the existing standard to permit welding, cutting, and soldering with an arc or flame hereinafter referred to as ‘‘hot work’’ within 150 feet of a seal with the following stipulations: (1) Affected personnel will be trained in the requirements of this petition for modification; (2) hot work will be done under the supervision of a qualified person who will continuously test for methane with means approved by the Secretary for detecting methane, and will make a diligent search for fire during and after such operations; (3) a qualified person will examine the area that will be traveled between the hot work location and the closest seal prior to the hot work operations; (4) hot work operations will not be conducted in locations that contain 1.0 volume per centum or more of methane, and hot work area will be rock dusted or wetted prior to such operations; and (5) provide an additional 40 pounds of rock dust or one fire extinguisher that will be immediately available during such hot work operations, in addition to the requirements of 30 CFR 75.1100–2(g). The petitioner asserts that application of the existing standard would result in a diminution safety to the miners and that the proposed alternative method would provide at least the same measure of protection as the existing standard. Docket Number: M–2007–060–C. Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, Pennsylvania 15650. Mine: Nolo Mine, MSHA I.D. No. 36– 08850, located in. E:\FR\FM\19OCN1.SGM 19OCN1 pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices Regulation Affected: 30 CFR 75.364(a) (Weekly examination). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of conducting the required weekly examination to the deepest points of penetration in the mines 2 West Extension Section. The petitioner proposes to: (1) Flood the down dip portions of the 2 West Extension section to a maximum elevation of 1020. The flooding would occur naturally as water infiltrates into part of the mine; and (2) conduct examinations along the water’s edge and adjust ventilation controls during the examinations to ensure proper ventilation is maintained, at intervals not to exceed 7 days, as the water rises and/or recedes in the 2 West Extension section. The petitioner states that: (1) The flood level in the 2 West Extension section will be controlled by pumping; (2) a mine dewatering system will be installed in the adjacent 2 Right section that is connected to 2 West Extension via an inseam horizontal borehole with an 8-inch cased inside diameter located at approximately the 1005 elevation to provide water control to a minimum of 1005 foot elevation; (3) a maximum flood elevation will be controlled by monitoring the mine pool via water level sensors and during the required 30 CFR 75.364(a) weekly physical examination of the flood line or water’s edge; (4) it is estimated that it takes approximately 300 days for the 2 West Extension section to flood, so if the proposed maximum flood elevation of 1020 feet is reached prior to completion of the dewatering facility, an in-pump station will be used to maintain the approved flood level; (5) flooding the section will provide a water seal for a considerable portion of the worked out area, which will eliminate the requirement to travel into the area for examinations; (6) the alternative to flooding the 2 West Extension section is to control the water by pumping which requires maintaining 6,000 +/¥ feet of electrical cable, 8 distribution boxes, motor controls, a submersible pump, and other associated electrical components; and (7) pumping the water out of 2 West Extension section would require personnel to travel over a mile from an active section and routed through worked out areas to the pump installation to conduct a pre-shift examination. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners by such standard. Docket Number: M–2007–008–M. VerDate Aug<31>2005 16:46 Oct 18, 2007 Jkt 214001 Petitioner: Phelps Dodge Tyrone, Inc., P.O. Drawer 571, Tyrone, New Mexico 88065. Mine: Tyrone Mine, MSHA I.D. No. 29–00159, located in Grant County, New Mexico. Regulation Affected: 30 CFR 56.14207 (Parking procedures for unattended equipment). Modification Request: The petitioner requests a modification of the existing standard to permit wheel chocks to be placed in front and behind the wheel when the vehicle is parked instead of applying the mechanical parking brake. The petitioner states that the temperature drops below 32 degrees Fahrenheit during the colder months in Grant County. There exists a potential for the mechanical parking brakes to freeze and not release. If the brakes are not fully released prior to operating the vehicle, the effectiveness of the brake is reduced, eventually rendering the brake useless. The petitioner further states that the proposed alternative method would only apply to light vehicles parked on level ground during the winter months when the likelihood of the mechanical parking brake freezing is high. The petitioner asserts that application of the existing standard has the potential of compromising the safety of the miners during the colder months in New Mexico. Docket Number: M–2007–009–M. Petitioner: Unimin Corporation, 48 West Boscawen Street, Winchester, Virginia 22601. Mine: Unimin Elco Plant, MSHA I.D. No. 11–01981, located in Alexander County, Illinois. Regulation Affected: 30 CFR 56.13020 (Use of compressed air). Modification Request: The petitioner requests a modification of the existing standard to permit the use of a NIOSHtested clothes cleaning booth process for cleaning miners’ dust laden clothing. The petitioner states that: (1) Only the miners trained in the operation of the NIOSH-tested clothes cleaning booth process will be permitted to use the process; (2) the NIOSH-tested process uses controlled compressed air for the purpose of cleaning miners’ dust laden clothing; (3) all miners entering the clothes cleaning booth will be required to wear full seal goggles for eye protection, ear plugs or muffs for hearing protection, and fit tested respirators with N100 filters for respiratory protection; (4) the NIOSHtested clothes cleaning booth process will have a caution sign conspicuously posted indicating that use of half-face fit-tested respirators with N100 filters, hearing protection, and full seal eye PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 59311 goggles are required before entering the booth. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard, and will provide a direct reduction in exposure to respirable crystalline silica dust. 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–2007–010–M. Petitioner: St. Lawrence Zinc Company, LLC, 408 Sylvia Lake Road, Gouverneur, New York 13642. Mine: St. Lawrence Zinc Mine, MSHA I.D. No. 30–00185, located in St. Lawrence County, New York. Regulation Affected: 30 CFR 57.11052(d) (Refuge areas). Modification Request: The petitioner requests a modification of the existing standard to permit refuge chambers in its underground mines to be exempt from the required waterlines being piped into the refuge chambers. The petitioner proposes to store 50 gallons of potable bottled spring water in the refuge chambers. The petitioner states that: (1) The bottled water would be stored and cycled out in accordance with the suppliers’ two year shelf life; (2) the storage of 50 gallons of potable water in each refuge chamber would ensure that the miners have an ample supply of potable drinking water at all times in the refuge chamber, because in a mine disaster, waterlines, pumps, and electrical systems could fail. The petitioner asserts that modification of the existing standard would in no way diminish or lessen the measure of protection afforded by the standard for the miners. Dated: October 12, 2007. Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. [FR Doc. E7–20650 Filed 10–18–07; 8:45 am] BILLING CODE 4510–43–P LEGAL SERVICES CORPORATION Sunshine Act Meetings of the Board of Directors and Four of the Board’s Committees The Legal Services Corporation Board of Directors and four of the Board’s Committees will meet on October 26–27, 2007 in the order set forth in the following schedule, with each meeting commencing shortly after TIMES AND DATES: E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 72, Number 202 (Friday, October 19, 2007)]
[Notices]
[Pages 59309-59311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20650]


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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,

[[Page 59310]]

Regulations, and Variances on or before November 19, 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, Attention: Patricia W. Silvey, Director, 
Office of Standards, Regulations, and Variances.
    We will consider only comments postmarked by the U.S. Postal 
Service or with 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 check 
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) 
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-2007-058-C.
    Petitioner: Bridger Coal Company, P.O. Box 68, Point of Rocks, 
Wyoming 82942.
    Mine: Bridger Underground Coal Mine, MSHA I.D. No. 48-01646, 
located in Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 75.1902(c)(2)(i), (ii), and (iii) 
(Underground diesel fuel-general requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard as it pertains to temporary underground diesel fuel 
storage area location within: (i) 500 feet of the loading point; (ii) 
500 feet of the projected loading point where equipment is being 
installed; or (iii) 500 feet of the loading point where equipment is 
being removed. The petitioner states that: (1) Due to the size of the 
pillars utilized at the Bridger Underground mine (80' x 200') for 
ground control purposes in the longwall gate roads, there is little 
room to store all of the necessary longwall components and the 
temporary diesel transportation unit; (2) the longwall train consisting 
of transformers, emulsion pumps, emulsion tanks and other required 
longwall components is over 180 inches long and takes up a full pillar 
length; (3) the crosscuts are filled with either roof supports, and/or 
roof support material due to the necessity of ``gob isolation'' 
stopping and supplemental roof support (can cribs, wood cuts, rok-
props, etc) along the gateroads. The petitioner proposes to: (1) Store 
the temporary diesel transportation unit no more than 1000 feet from 
the section loading point; or projected loading point during equipment 
installation; or the last designated loading point during equipment 
removal; (2) equip the diesel self-propelled fuel transportation unit 
and the diesel-fuel storage tank with MSHA approved automatic fire 
suppression systems that would be installed to meet the requirements of 
30 CFR 75.1911; (3) have a certified person examine the temporary 
diesel fuel storage area twice each shift when work is performed inby 
the temporary diesel fuel storage area, and conduct a pre-shift 
examination of the diesel fuel storage area when work is performed in 
the area; (4) monitor the temporary diesel fuel storage area with an 
automated Atmospheric Monitoring System (AMS) that will give an alarm 
to the responsible person on the surface if an elevated carbon monoxide 
level is detected; (5) equip the self-propelled fuel transportation 
unit with either two additional 10 fire extinguishers or one 
additional 20 fire extinguisher; and (6) equip the diesel fuel 
storage tank with either two additional 10 fire extinguishers 
or one additional 20 fire extinguisher. The petitioner further 
states that: (1) The temporary diesel fuel storage area will be located 
in an area where the mine roof, mine ribs, and mine floor are well rock 
dusted and the roof will be supported to meet the requirements of 30 
CFR 75.202 and maintain the area free of extraneous combustible 
materials or ignition sources; and, (2) signs will be posted at each 
entrance of the temporary diesel fuel storage area to identify the area 
as a diesel fuel storage area. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

    Docket Number: M-2007-059-C.
    Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, P.O. Box 
591, Somerset, Colorado 81434.
    Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison 
County, Colorado.
    Regulation Affected: 30 CFR 75.335(c) (Seal requirement).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit welding, cutting, and soldering with an arc 
or flame hereinafter referred to as ``hot work'' within 150 feet of a 
seal with the following stipulations: (1) Affected personnel will be 
trained in the requirements of this petition for modification; (2) hot 
work will be done under the supervision of a qualified person who will 
continuously test for methane with means approved by the Secretary for 
detecting methane, and will make a diligent search for fire during and 
after such operations; (3) a qualified person will examine the area 
that will be traveled between the hot work location and the closest 
seal prior to the hot work operations; (4) hot work operations will not 
be conducted in locations that contain 1.0 volume per centum or more of 
methane, and hot work area will be rock dusted or wetted prior to such 
operations; and (5) provide an additional 40 pounds of rock dust or one 
fire extinguisher that will be immediately available during such hot 
work operations, in addition to the requirements of 30 CFR 75.1100-
2(g). The petitioner asserts that application of the existing standard 
would result in a diminution safety to the miners and that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

    Docket Number: M-2007-060-C.
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Nolo Mine, MSHA I.D. No. 36-08850, located in.

[[Page 59311]]

    Regulation Affected: 30 CFR 75.364(a) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of conducting the 
required weekly examination to the deepest points of penetration in the 
mines 2 West Extension Section. The petitioner proposes to: (1) Flood 
the down dip portions of the 2 West Extension section to a maximum 
elevation of 1020. The flooding would occur naturally as water 
infiltrates into part of the mine; and (2) conduct examinations along 
the water's edge and adjust ventilation controls during the 
examinations to ensure proper ventilation is maintained, at intervals 
not to exceed 7 days, as the water rises and/or recedes in the 2 West 
Extension section. The petitioner states that: (1) The flood level in 
the 2 West Extension section will be controlled by pumping; (2) a mine 
dewatering system will be installed in the adjacent 2 Right section 
that is connected to 2 West Extension via an inseam horizontal borehole 
with an 8-inch cased inside diameter located at approximately the 1005 
elevation to provide water control to a minimum of 1005 foot elevation; 
(3) a maximum flood elevation will be controlled by monitoring the mine 
pool via water level sensors and during the required 30 CFR 75.364(a) 
weekly physical examination of the flood line or water's edge; (4) it 
is estimated that it takes approximately 300 days for the 2 West 
Extension section to flood, so if the proposed maximum flood elevation 
of 1020 feet is reached prior to completion of the dewatering facility, 
an in-pump station will be used to maintain the approved flood level; 
(5) flooding the section will provide a water seal for a considerable 
portion of the worked out area, which will eliminate the requirement to 
travel into the area for examinations; (6) the alternative to flooding 
the 2 West Extension section is to control the water by pumping which 
requires maintaining 6,000 +/- feet of electrical cable, 8 distribution 
boxes, motor controls, a submersible pump, and other associated 
electrical components; and (7) pumping the water out of 2 West 
Extension section would require personnel to travel over a mile from an 
active section and routed through worked out areas to the pump 
installation to conduct a pre-shift examination. The petitioner asserts 
that the proposed alternative method will at all times guarantee no 
less than the same measure of protection afforded the miners by such 
standard.

    Docket Number: M-2007-008-M.
    Petitioner: Phelps Dodge Tyrone, Inc., P.O. Drawer 571, Tyrone, New 
Mexico 88065.
    Mine: Tyrone Mine, MSHA I.D. No. 29-00159, located in Grant County, 
New Mexico.
    Regulation Affected: 30 CFR 56.14207 (Parking procedures for 
unattended equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit wheel chocks to be placed in front and 
behind the wheel when the vehicle is parked instead of applying the 
mechanical parking brake. The petitioner states that the temperature 
drops below 32 degrees Fahrenheit during the colder months in Grant 
County. There exists a potential for the mechanical parking brakes to 
freeze and not release. If the brakes are not fully released prior to 
operating the vehicle, the effectiveness of the brake is reduced, 
eventually rendering the brake useless. The petitioner further states 
that the proposed alternative method would only apply to light vehicles 
parked on level ground during the winter months when the likelihood of 
the mechanical parking brake freezing is high. The petitioner asserts 
that application of the existing standard has the potential of 
compromising the safety of the miners during the colder months in New 
Mexico.

    Docket Number: M-2007-009-M.
    Petitioner: Unimin Corporation, 48 West Boscawen Street, 
Winchester, Virginia 22601.
    Mine: Unimin Elco Plant, MSHA I.D. No. 11-01981, located in 
Alexander County, Illinois.
    Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of a NIOSH-tested clothes cleaning 
booth process for cleaning miners' dust laden clothing. The petitioner 
states that: (1) Only the miners trained in the operation of the NIOSH-
tested clothes cleaning booth process will be permitted to use the 
process; (2) the NIOSH-tested process uses controlled compressed air 
for the purpose of cleaning miners' dust laden clothing; (3) all miners 
entering the clothes cleaning booth will be required to wear full seal 
goggles for eye protection, ear plugs or muffs for hearing protection, 
and fit tested respirators with N100 filters for respiratory 
protection; (4) the NIOSH-tested clothes cleaning booth process will 
have a caution sign conspicuously posted indicating that use of half-
face fit-tested respirators with N100 filters, hearing protection, and 
full seal eye goggles are required before entering the booth. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard, and 
will provide a direct reduction in exposure to respirable crystalline 
silica dust. 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-2007-010-M.
    Petitioner: St. Lawrence Zinc Company, LLC, 408 Sylvia Lake Road, 
Gouverneur, New York 13642.
    Mine: St. Lawrence Zinc Mine, MSHA I.D. No. 30-00185, located in 
St. Lawrence County, New York.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit refuge chambers in its underground mines to 
be exempt from the required waterlines being piped into the refuge 
chambers. The petitioner proposes to store 50 gallons of potable 
bottled spring water in the refuge chambers. The petitioner states 
that: (1) The bottled water would be stored and cycled out in 
accordance with the suppliers' two year shelf life; (2) the storage of 
50 gallons of potable water in each refuge chamber would ensure that 
the miners have an ample supply of potable drinking water at all times 
in the refuge chamber, because in a mine disaster, waterlines, pumps, 
and electrical systems could fail. The petitioner asserts that 
modification of the existing standard would in no way diminish or 
lessen the measure of protection afforded by the standard for the 
miners.

    Dated: October 12, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E7-20650 Filed 10-18-07; 8:45 am]
BILLING CODE 4510-43-P