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Code · REGISTER · 2007-12-03 · DEPARTMENT OF LABOR · Notices

Notices. Notice of Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

6,091 words·~28 min read·/register/2007/12/03/07-5922

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4410-11-M DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,243] Electric Mobility Corporation; Sewell, NJ; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated November 19, 2007, the petitioner requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers and former workers of the subject firm.
The denial notice was signed on November 1, 2007 and published in the **Federal Register** on November 15, 2007 (72 FR 64247). The initial investigation resulted in a negative determination based on the finding that the subject firm did not separate or threaten to separate a significant number or proportion of workers as required by Section 222 of the Trade Act of 1974. In the request for reconsideration, the petitioner provided additional information regarding the subject firm's employment.
The Department has reviewed the workers' request for reconsideration and the existing record, and has determined that an administrative review is appropriate. Therefore, the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor's prior decision.
The application is, therefore, granted. Signed in Washington, DC, this 26th day of November, 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-23375 Filed 11-30-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,021] Emcore Corporation; Emcore Fiber Optics Division; Naperville, IL; Notice of Negative Determination Regarding Application for Reconsideration By application dated October 12, 2007, a worker requested administrative reconsideration of the Department's negative determination regarding eligibility for workers and former workers of Emcore Corporation, Emcore Fiber Optics Division, Naperville, Illinois (the subject firm) to apply for Trade Adjustment Assistance
(TAA)and Alternative Trade Adjustment Assistance (ATAA). The negative determination was issued on September 28, 2007. On October 12, 2007, the Department's Notice of negative determination was published in the **Federal Register** (72 FR 58131). Workers at the subject firm design, assemble, test, troubleshoot, disassemble, and repair LX4 digital fiber optic components for semiconductors. Workers are not separately identifiable by product. The negative determination was based on the Department's findings that after the subject firm shifted production of digital fiber optic components to Thailand, the subject firm did not import and did not intend to import articles like or directly competitive with those produced by the subject firm. In the request for reconsideration, the worker alleges that production of digital fiber optic components shifted from the subject firm to Thailand and that the shift of production was followed by increased imports of articles like or directly competitive with those produced at the subject firm. Pursuant to 29 CFR 90.18(c), administrative reconsideration may be granted under the following circumstances:
(1)If it appears on the basis of facts not previously considered that the determination complained of was erroneous;
(2)If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or
(3)If in the opinion of the Certifying Officer, a mis-interpretation of facts or of the law justified reconsideration of the decision. After careful review of the request for reconsideration and previously submitted materials, the Department determines that there is no new information that supports a finding that there was a shift of production to a country that is a party to a free trade agreement with the United States or a country that is named as a beneficiary under the Andean Trade Preference Act, the African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act. Thailand does not have a free trade agreement with the United States and is not a party to any of the previously-identified Acts. After careful review of the request for reconsideration and previously submitted materials, the Department also determines that there is no new information that supports a finding that there were increased imports (actual or likely) of articles like or directly competitive with those produced by the subject firm following the subject firm's shift of production abroad, and that there was no mistake or misinterpretation of the facts or of the law regarding the Department's initial determination that the subject workers are not eligible to apply for TAA and ATAA. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor's prior decision. Accordingly, the application is denied. Signed at Washington, DC, this 20th day of November 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-23373 Filed 11-30-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,463] Franklin Pump Systems, Inc., Little Rock, AR; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 14, 2007 in response to a worker petition filed by a state agency representative on behalf of workers of Franklin Pump Systems, Inc., Little Rock, Arkansas. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 27th day of November 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-23370 Filed 11-30-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,368] G-Tech Professional Staffing, Inc., Leased On-Site Workers Employed at Ford Motor Company Wixom Assembly Plant; Wixom, MI; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on October 26, 2007 in response to a worker petition filed by the State Workforce Office on behalf of workers of G-Tech Professional Staffing employed at Ford Motor Company Wixom Assembly Plant in Wixom, Michigan. The petitioning group of workers is covered by an active certification, TA-W-61,324. That certification was part of an Amended Notice of Revised Determination issued on November 14, 2007, and expiring on August 22, 2009. Signed at Washington, DC this 26th day of November 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-23377 Filed 11-30-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,392] G.E. Zenith Controls; Bonham, TX; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, an investigation was initiated on October 31, 2007, in response to a worker petition filed by a company official on behalf of workers at G.E. Zenith Controls, Bonham, Texas. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 20th day of November 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-23378 Filed 11-30-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,300] General Electric
(GE)C&I Mattoon Lamp Plant; Lighting Division; Mattoon, IL; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on October 12, 2007 in response to a worker petition filed by a company official on behalf of workers of General Electric
(GE)C&I Mattoon Lamp Plant, Lighting Division, Mattoon, Illinois. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 15th day of November 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-23376 Filed 11-30-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,439] PI, Inc., Custom Molding Division, Athens, TN; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 9, 2007 in response to a petition filed by a company official on behalf of workers of PI, Inc., Custom Molding Division, Athens, Tennessee. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Further investigation in this case would serve no purpose. Signed at Washington, DC, this 20th day of November 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-23380 Filed 11-30-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than December 13, 2007. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than December 13, 2007. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC, this 20th day of November 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. Appendix [TAA petitions instituted between 11/13/07 and 11/16/07] TA-W Subject firm (Petitioners) Location Date of institution Date of petition 62444 Poirier's Inc.
(Comp)Fall River, MA 11/13/07 11/12/07 62445 Samsons Manufacturing
(Comp)Waynesboro, GA 11/13/07 11/09/07 62446 VF Jeanswear Limited Partnership
(Comp)Greensboro, NC 11/13/07 11/12/07 62447 Georgia Pacific (State) Logansport, LA 11/13/07 11/09/07 62448 Integram St. Louis Seating
(Comp)Pacific, MO 11/13/07 11/09/07 62449 Newburgh Hardwood Co., Inc.
(Comp)Newburgh, IN 11/13/07 11/11/07 62450 Shape Global Technology
(Comp)Sanford, ME 11/13/07 11/12/07 62451 Hickory Dyeing and Winding Co., Inc.
(Comp)Hickory, NC 11/13/07 11/09/07 62452 ITW Powertrain
(Wkrs)Darlington, WI 11/13/07 11/09/07 62453 Base Corporation
(Wkrs)Enka, NC 11/14/07 10/22/07 62454 Kimberly-Clark/Ballard Medical Products
(Comp)Pocatello, ID 11/14/07 10/22/07 62455 Morgan Corporation
(Wkrs)Morgantown, PA 11/14/07 11/08/07 62456 Springfield Wire, Inc.
(Comp)Springfield, MA 11/14/07 11/09/07 62457 Only In USA (State) Los Angeles, CA 11/14/07 11/06/07 62458 Hutchens Industries, Inc. (State) Mansfield, MO 11/14/07 11/08/07 62459 Thermo Pressed Laminates
(Comp)Klamath Falls, OR 11/14/07 11/08/07 62460 Amweld Building Products
(Comp)Garrettsville, OH 11/14/07 11/02/07 62461 Universal Tire Mold
(Wkrs)Corinth, MS 11/14/07 11/13/07 62462 Enhance America of Missouri, Inc.
(Wkrs)Washington, MO 11/14/07 11/08/07 62463 Franklin Pump Systems, Inc. (State) Little Rock, AR 11/14/07 11/13/07 62464 Engineered Plastic Components
(Wkrs)Rantoul, IL 11/14/07 11/02/07 62465 Hyper Knits Sales, Inc.
(Comp)New York, NY 11/14/07 11/13/07 62466 B and C Research, Inc. (State) Barberton, OH 11/15/07 11/14/07 62467 US Aprons, Inc.
(Wkrs)Sidney, NE 11/15/07 11/14/07 62468 VWR International
(Wkrs)Bridgeport, NJ 11/15/07 11/14/07 62469 Springs Global, US, Inc.
(Comp)Lancaster, SC 11/15/07 11/13/07 62470 BMI Electronics, Inc. (State) Hardaway, AL 11/16/07 11/15/07 62471 AGY (UNITE) Huntingdon, PA 11/16/07 10/29/07 62472 Corsair Memory
(Comp)Fremont, CA 11/16/07 11/09/07 62473 Pfizer Global Manufacturing (State) Croton, CT 11/16/07 11/15/07 62474 Siemens (State) Huntsville, AL 11/16/07 11/14/07 62475 Nutra Max
(Comp)Houston, TX 11/16/07 11/14/07 [FR Doc. E7-23371 Filed 11-30-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,413] Simclar (North America), Inc.; Winterville, NC; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 6, 2007, in response to a worker petition filed by a company official on behalf of workers of Simclar (North America), Inc., Winterville, North Carolina. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 16th day of November 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-23379 Filed 11-30-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,211] Strick Corporation Monroe, IN; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on September 27, 2007 in response to a petition filed by a company official on behalf of workers at Strick Corporation, Monroe, Indiana. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 16th day of November 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-23374 Filed 11-30-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,827] Sun Microsystems, Inc., Louisville, CO; Notice of Negative Determination on Reconsideration By application dated April 15, 2007, a worker requested administrative reconsideration. The request for reconsideration alleged that the subject firm shifted production and support functions abroad. On May 27, 2007, the Department issued a Notice of Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Sun Microsystems, Inc., Louisville, Colorado (the subject firm). The Department's Notice of Affirmative Determination was published in the **Federal Register** on June 7, 2007 (72 FR 31614). The worker-filed petition for Trade Adjustment Assistance
(TAA)and Alternative Trade Adjustment Assistance
(ATAA)identified the appropriate subdivision employing the workers group as “Sun Microsystems, Louisville, Colorado,” the articles produced at the subject firm as “high tech computer storage devices,” and the subject worker group as workers engaged in “Production AME + R+D (Inspection).” The petitioners stated that their work has been “outsourced to Mexico and possible Hungary.” Because the petition is dated January 19, 2007, the relevant period is January 19, 2006 through January 18, 2007. The initial negative determination (issued March 14, 2007) stated that the subject firm “did not shift work performed in Louisville, Colorado abroad, nor did it shift production from its manufacturing facility in Puerto Rico to a foreign country;” that the parent entity, Sun Microsystems (Sun), sold the Puerto Rico facility to another firm, “thus curtailing the need for support persons” at the subject firm; and that “separations of workers at the Louisville location are in great part attributable to a worldwide company restructuring and reduction in workforce.” A document attached to a petition (dated February 6, 2007, and filed on behalf of the same worker group) explained that, as a result of Sun's acquisition of StorageTek Classic (StorageTek), certain staff positions in the Storage Operations organization were eliminated. For example, StorageTek's products and their associated business processes, tools and systems would be merged with Sun's products and their associated business processes, tools and systems; the supply chain management and materials organizations for Sun and StorageTek would be consolidated into a single team; Sun's manufacturing and support activities in Puerto Rico would be outsourced in September 2006 to a contract manufacturer; and the staff that supported Sun's Puerto Rico facility would be eliminated since the contract manufacturer would be taking over those functions. According to previously-submitted information, StorageTek was a company with production facilities in Puerto Rico and a pre-production facility in Louisville, Colorado. The information also revealed that after Sun acquired StorageTek in August 2005, Sun ceased to operate the manufacturing facility in Puerto Rico and that those workers at the Louisville, Colorado facility who supported the Puerto Rico facility were separated. Because the subject workers inspected sheetmetal parts, cables, harnesses, tape rollers, motherboards, personal computer boards, and disk drives during the relevant period, and the workers are not separately identifiable by product line, the Department determines that the subject workers are engaged in the production of inspected component parts of computer storage devices. In order for a TAA certification to be issued, the subject workers must meet the group eligibility requirements under Section 222 of the Trade Act of 1974, as amended. The applicable requirements can be satisfied in one of two ways: I. Section (a)(2)(A)— A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; *and* B. the sales or production, or both, of such firm or subdivision have decreased absolutely; *and* C. increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B)— A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; *and* B. there has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; *and* C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; *or* 2. the country to which the workers' firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; *or* 3. there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Previously-submitted information revealed that the subject firm's employment level declined more than five percent from the corresponding period the previous year, the Department determines that a significant number or proportion of the workers at the subject firm has become totally or partially separated. Because the subject firm has ceased to inspect component parts of computer storage devices, the Department determines that, during the relevant period, the subject firm's production of inspected component parts of computer storage devices have decreased absolutely. Because the employment decline and the production decline criteria were met, the Department focused the reconsideration investigation on whether either Section (a)(2)(A)(C) or Section (a)(2)(B)(B) *and* Section (a)(2)(B)(C) were met. The first issue is whether, during the relevant period, the subject firm shifted production of inspected component parts of computer storage devices to a country that is a party to a free trade agreement with the United States or a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act. Sun officials confirmed that after Sun acquired StorageTek in August 2005, it ceased to operate the facility in Puerto Rico. The official also stated that, pursuant to a September 2006 agreement between Sun and a domestic contract manufacturer, the contract manufacturer is performing production and inspection work at Sun's Puerto Rico facility. As such, the Department determines that the subject firm did not shift production to a foreign country; rather, the inspection work that was done by the subject workers is being done by the afore-mentioned contract manufacturer in Puerto Rico. Even if the subject firm shifted inspection work to Puerto Rico, the subject workers would not be eligible to apply for TAA benefits because Puerto Rico is a U.S. Territory and is not a foreign country. The second issue is whether, during the relevant period, increased imports of articles like or directly competitive with the inspected component parts produced at the subject firm contributed importantly to the subject workers' separations. During the reconsideration investigation, Sun officials confirmed that Sun's Louisville, Colorado facility did not import articles like or directly competitive with the component parts produced at the subject firm. Because the inspected component parts produced at the subject firm were sent to Puerto Rico to be assembled, the Sun officials also confirmed that while it controlled the Puerto Rico facility during the relevant period, the Puerto Rico facility did not import any articles like or directly competitive with the component parts produced at the subject firm. Further, the contract manufacturer who took over production at the Puerto Rico facility provided information that revealed no imports of articles like or directly competitive with the component parts produced at the subject firm. Because the reconsideration investigation has not produced any information that support a finding that the subject workers' separations are due to either a shift of production abroad or increased imports of articles like or directly competitive with the inspected component parts produced at the subject firm, the Department affirms the initial negative determination. In order for the Department to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA), the subject worker group must be certified eligible to apply for Trade Adjustment Assistance (TAA). Since the subject workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. Conclusion After careful reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Sun Microsystems, Inc., Louisville, Colorado. Signed at Washington, DC, this 20th day of November 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-23372 Filed 11-30-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Mine Safety and Health Administration Affirmative Decisions on Petitions for Modification AGENCY: Mine Safety and Health Administration (MSHA), Labor. ACTION: Notice of Affirmative Decisions on Petitions for Modification Granted in Whole or in Part. SUMMARY: The Mine Safety and Health Administration
(MSHA)enforces mine operator compliance with mandatory safety and health standards that protect miners and improve safety and health conditions in U.S. Mines. This **Federal Register** Notice (FR Notice) notifies the public that it has investigated and issued a final decision on certain mine operator petitions to modify a safety standard. ADDRESSES: Copies of the final decisions are posted on MSHA's Web Site at *http://www.msha.gov/indexes/petition.htm* . The public may inspect the petitions and final decisions during normal business hours in MSHA's Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209. All visitors must first stop at the receptionist desk on the 21st Floor to sign-in. 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 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. Introduction Under section 101 of the Federal Mine Safety and Health Act of 1977, a mine operator may petition and the Secretary of Labor (Secretary) may modify the application of a mandatory safety standard to that mine if the Secretary determines that:
(1)An alternative method exists that will guarantee no less protection for the miners affected than that provided by the standard; or
(2)that the application of the standard will result in a diminution of safety to the affected miners. MSHA bases the final decision on the petitioner's statements, any comments and information submitted by interested persons, and a field investigation of the conditions at the mine. In some instances, MSHA may approve a petition for modification on the condition that the mine operator complies with other requirements noted in the decision. II. Granted Petitions for Modification On the basis of the findings of MSHA's investigation, and as designee of the Secretary, MSHA has granted or partially granted the following petitions for modification: • *Docket Number:* M-2005-056-C: *FR Notice:* 70 FR 48984 (August 22, 2005). *Petitioner:* Hawthorne Coal Company, Inc., 2708 Cranberry Square, Morgantown, West Virginia 26505. *Mine:* Hawthorne Preparation Plant, MSHA I.D. No. 46-05544. *Regulation Affected:* 30 CFR 77.214(a) (Refuse piles; general). • *Docket Number:* M-2005-074-C: *FR Notice:* 70 FR 71861 (November 30, 2005). *Petitioner:* Brooks Run Mining Company, LLC, 25 Little Birch Road, Sutton, West Virginia 25601. *Mine:* Saylor Mine, MSHA I.D. No. 46-09126. *Regulation Affected:* 30 CFR 75.1002 (Installation of electric equipment and conductors; permissibility). • *Docket Number:* M-2005-079-C: *FR Notice:* 70 FR 76892 (December 28, 2005). *Petitioner:* R S & W Coal Company, Inc., 207 Creek Road, Klingerstown, Pennsylvania 17941. *Mine:* R S & W Drift Mine, MSHA I.D. No. 36-01818 . *Regulation Affected:* 30 CFR 75-1312(a), (b), and (e)(1) (Explosives and detonators in underground magazines). • *Docket Number:* M-2005-080-C: *FR Notice:* 70 FR 76892 (December 28, 2005). *Petitioner:* Canyon Fuel Company, LLC, 397 South 800 West, Salina, Utah 84654. *Mine:* West Elk Mine, MSHA I.D. No. 05-03672; SUFCO Mine, MSHA I.D. No. 42-00089; Skyline Mine No. 3, MSHA I.D. No. 42-01566; and Dugout Canyon Mine, MSHA I.D. No. 42-01890. *Regulation Affected:* 30 CFR 75.1909(b)(6) (Nonpermissible diesel-powered equipment; design and performance requirements). • *Docket Number:* M-2005-085-C: *FR Notice:* 71 FR 3890 (January 24, 2006). *Petitioner:* Anthracite Underground Rescue, Inc., 44 Crescent Street, Tremont, Pennsylvania 17981, for the following Anthracite Underground Coal Mines in District 1: R S & W Coal Company, R S & W Drift Mine, (MSHA I.D. No. 36-01818); Orchard Coal Company, Orchard Slope Mine, (MSHA I.D. No. 36-08346); S & M Coal Company, Buck Mountain Slope Mine, (MSHA I.D. No. 36-02022); R & R Coal Company, R & R Coal Company Mine, (MSHA I.D. No. 36-08498); R & D Coal Company, R & D Coal Co., Inc. Mine, (MSHA I.D. No. 36-02053); F.K.Z. Coal Company, No. 1 Slope Mine, (MSHA I.D. No. 36-08637); Snyder Coal Company, N & L Slope Mine, (MSHA I.D. No. 36-02203); Joliett Coal Company, #3 Vein Slope Mine, (MSHA I.D. No. 36-08702); Tito Coal Company, Whites Vein Slope Mine, (MSHA I.D. No. 36-06815); Alfred Brown Coal Company, 7 Ft. Slope Mine, (MSHA I.D. No. 36-08893); Chestnut Coal Company, No. 10 Slope Mine, (MSHA I.D. No. 36-07059); Six M Coal Company No. 1 Slope Mine, (MSHA I.D. No. 36-09138); B & B Coal Company, Rockridge No. 1 Slope Mine, (MSHA I.D. No. 36-07741); Snyder Coal Company, Rock Slope #1 Mine, (MSHA I.D. No. 36-09256); UAE Coalcorp Association, Harmony Mine, (MSHA I.D. No. 36-07838); Little Buck Coal Company, No. 2 Slope Mine, (MSHA I.D. No. 36-08299); Bear Gap Coal Company, Bear Gap #6 Slope Mine, (MSHA I.D. No. 36-09296); D & D Anthracite Coal Company, Primrose Slope Mine, (MSHA I.D. No. 36-08341). *Regulation Affected:* 30 CFR 49.6(a)(1) &
(5)(Equipment and maintenance requirements). • *Docket Number:* M-2006-008-C: *FR Notice:* 71 FR 17145 (April 5, 2006). *Petitioner:* Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942. *Mine:* Bridger Underground Coal Mine, MSHA I.D. No. 48-01646. *Regulation Affected:* 30 CFR 75.1909(b)(6) (Non-permissible diesel-powered equipment; design and performance; requirements). • *Docket Number:* M-2006-013-C: *FR Notice:* 71 FR 28715 (May 17, 2006). *Petitioner:* Twentymile Coal Company, Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222. *Mine:* Foidel Creek Mine, MSHA I.D. No. 05-03836. *Regulation Affected:* 30 CFR 75.362(a)(2) (On-shift examination). • *Docket Number:* M-2006-017-C: *FR Notice:* 71 FR 50947 (August 28, 2006). *Petitioner:* AMFIRE Mining Company, LLC, One Energy Place, Latrobe, Pennsylvania 15650. *Mine:* Gillhouser Run Mine, MSHA I.D. No. 36-09033. *Regulation Affected:* 30 CFR 75.1100-2(e)(2) (Quantity and location of firefighting equipment). • *Docket Number:* M-2006-018-C: *FR Notice:* 71 FR 50947 (August 28, 2006). *Petitioner:* Eastern Associated Coal Company, LLC, Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222. *Mine:* Federal No. 2 Mine, MSHA I.D. No. 46-01456. *Regulation Affected:* 30 CFR 75.1700 (Oil and gas wells). • *Docket Number:* M-2006-019-C: *FR Notice:* 71 FR 53134 (September 8, 2006). *Petitioner:* F K Z Coal, Inc., P.O. Box 62, Locust Gap, Pennsylvania 17840. *Mine:* No. 1 Slope Mine, MSHA I.D. No. 36-08637. *Regulation Affected:* 30 CFR 75.1400 (Hoisting equipment; general). • *Docket Number:* M-2006-020-C: *FR Notice:* 71 FR 53135 (September 8, 2006). *Petitioner:* McElroy Coal Company, RD #4, Box 425, Route 2, Moundsville, West Virginia 26041. *Mine:* McElroy Mine, MSHA I.D. No. 46-01437. *Regulation Affected:* 30 CFR 77.214(a) (Refuse piles; general). • *Docket Number:* M-2006-021-C: *FR Notice:* 71 FR 53135 (September 8, 2006). *Petitioner:* AMFIRE Mining Company, One Energy Place, Latrobe, Pennsylvania 15650. *Mine:* Madison Mine, MSHA I.D. No. 36-09127. *Regulation Affected:* 30 CFR 75.1100-2(e)(2) (Quantity and location of firefighting equipment). • *Docket Number:* M-2006-042-C: *FR Notice:* 71 FR 56179 (September 26, 2006). *Petitioner:* Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35202. *Mine:* Shoal Creek Mine, MSHA I.D. No. 01-02901. *Regulation Affected:* 30 CFR 75.507 (Power connection points). • *Docket Number:* M-2006-057-C: *FR Notice:* 71 FR 56180 (September 26, 2006). *Petitioner:* Excel Coal Company, RD #2, Box 665, Shamokin, Pennsylvania 17872. *Mine:* Three S Slope Mine, MSHA I.D. No. 36-09309. *Regulation Affected:* 30 CFR 75.1400 (Hoisting equipment; general). • *Docket Number:* M-2006-059-C: *FR Notice:* 71 FR 56180 (September 26, 2006). *Petitioner:* Excel Coal Company, RD #2, Box 665, Shamokin, Pennsylvania 17872. *Mine:* Three S Slope Mine, MSHA I.D. No. 36-09309. *Regulation Affected:* 30 CFR 75.1200(d) and
(i)(Mine map). • *Docket Number:* M-2006-060-C: *FR Notice:* 71 FR 56180 (September 26, 2006). *Petitioner:* Excel Coal Company, RD #2, Box 665, Shamokin, Pennsylvania 17872. *Mine:* Three S Slope Mine, MSHA I.D. No. 36-09309. *Regulation Affected:* 30 CFR 49.2(b) (Availability of mine rescue teams). • *Docket Number:* M-2006-061-C: *FR Notice:* 71 FR 56180 (September 26, 2006). *Petitioner:* Big River Mining, LLC, P.O. Box 186, New Haven, West Virginia 25626. *Mine:* Broad Run Mine, MSHA I.D. No. 46-09136. *Regulation Affected:* 30 CFR 75.900 (Low- and medium-voltage circuits serving three-phase alternating current equipment; circuit breakers). • *Docket Number:* M-2006-064-C: *FR Notice:* 71 FR 58434 (October 3, 2006). *Petitioner:* Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942. *Mine:* Bridger Underground Mine, MSHA I.D. No. 48-01646. *Regulation Affected:* 30 CFR 75.500(d) (Permissible electric equipment). • *Docket Number:* M-2006-065-C: *FR Notice:* 71 FR 58434 (October 3, 2007). *Petitioner:* Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942. *Mine:* Bridger Underground Mine, MSHA I.D. No. 48-01646. *Regulation Affected:* 30 CFR 75.1002 (Installation of electric equipment and conductors, permissibility). • *Docket Number:* M-2006-071-C: *FR Notice:* 71 FR 70549 (December 5, 2006). *Petitioner:* Excel Coal Company, RD #2, Box 665, Shamokin, Pennsylvania 17872. *Mine:* Three S Slope Mine, MSHA I.D. No. 36-09309. *Regulation Affected:* 30 CFR 75.1202 and 30 CFR 75.1202-1(a) (Temporary notations, revisions, and supplements). • *Docket Number:* M-2006-072-C: *FR Notice:* 71 FR 70549 (December 5, 2006). *Petitioner:* Excel Coal Company, RD #2, Box 665, Shamokin, Pennsylvania 17872. *Mine:* Three S Slope Mine, MSHA I.D. No. 36-09309. *Regulation Affected:* 30 CFR 49.6(a)(1) &
(5)(Equipment and maintenance requirements). • *Docket Number:* M-2006-073-C: *FR Notice:* 71 FR 70550 (December 5, 2006). *Petitioner:* T.J.S. Mining, Inc., 2340 Smith Road, Shelocta, Pennsylvania 15774. *Mine:* Rossmoyne No. 1 Mine, MSHA I.D. No. 36-09075; T.J.S. No. 5 Mine, MSHA I.D. No. 36-09159; T.J.S. No. 6 Mine, MSHA I.D. No. 36-09464. *Regulation Affected:* 30 CFR 75.1100-2(e)(2) (Quantity and location of firefighting equipment). • *Docket Number:* M-2006-082-C: *FR Notice:* 72 FR 8202 (February 23, 2007). *Petitioner:* Rosebud Mining Company, 301 Market Street, Kittanning, Pennsylvania 16201. *Mine:* Penfield Mine, MSHA I.D. No. 36-09355. *Regulation Affected:* 30 CFR 75.1100-2(e)(2) (Quantity and location of firefighting equipment). • *Docket Number:* M-2006-083-C: *FR Notice:* 72 FR 8203 (February 23, 2007). *Petitioner:* Dominion Coal Corporation, P.O. Box 70, Vansant, Virginia 24656. *Mine:* Dominion No. 22 Mine, MSHA I.D. No. 44-06645. *Regulation Affected:* 30 CFR 77.214(a) (Refuse piles; general). • *Docket Number:* M-2006-084-C: *FR Notice:* 72 FR 8203 (February 23, 2007). *Petitioner:* The North American Coal Corporation, P.O. Box 399, Jourdanton, Texas 78026. *Mine:* San Miguel Mine, MSHA I.D. No. 41-02840. *Regulation Affected:* 30 CFR 77.803 (Fail safe ground check circuits on high-voltage resistance grounded systems). • *Docket Number:* M-2006-087-C: *FR Notice:* 72 FR 8204 (February 23, 2007). *Petitioner:* Energy West Mining Company, P.O. Box 310, Huntington, Utah 84528. *Mine:* Deer Creek Mine, MSHA I.D. No. 42-00121 and Bridger Underground Coal Mine, MSHA I.D. No. 48-01646. *Regulation Affected:* 30 CFR 75.1909(b)(6) (Nonpermissible diesel-powered equipment; design and performance requirements). • *Docket Number:* M-2006-089-C: *FR Notice:* 72 FR 8205 (February 23, 2007). *Petitioner:* The Ohio Valley Coal Company, 56854 Pleasant Ridge Road, Alledonia, Ohio 43902. *Mine:* Powhatan No. 6 Mine, MSHA I.D. No. 33-01159. *Regulation Affected:* 30 CFR 75.507 (Power connection points). • *Docket Number:* M-2006-090-C: *FR Notice:* 72 FR 20886 (April 26, 2007). *Petitioner:* Dominion Coal Corporation, P.O. Box 207, Tazewell, Virginia 24651. *Mine:* Mine No. 26, MSHA I.D. No. 44-06718. *Regulation Affected:* 30 CFR 77.214(a) (Refuse files; general). • *Docket Number:* M-2007-003-C: *FR Notice:* 72 FR 20887 (April 26, 2007). *Petitioner:* Summit Engineering, Inc., on behalf of Stirrat Coal Company, P.O. Box 484, Omar, West Virginia 25638. *Mine:* Mine No. 21, MSHA I.D. No. 46-02515. *Regulation Affected:* 30 CFR 77.214(a) (Refuse piles; general). • *Docket Number:* M-2007-015-C: *FR Notice:* 72 FR 31860 (June 8, 2007). *Petitioner:* Summit Engineering, Inc., on behalf of Spartan Mining Company, P.O. Box 130, 3016 Route 10, Chapmanville, West Virginia 25508. *Mine:* No. 38 Mine, MSHA I.D. No. 46-07874. *Regulation Affected:* 30 CFR 77.214(a) (Refuse piles; general). • *Docket Number:* M-2007-021-C: *FR Notice:* 72 FR 30396 (May 31, 2007). *Petitioner:* Black Beauty Coal Company, P.O. Box 347, Francisco, Indiana 47649. *Mine:* Francisco Mine-Underground Pit, MSHA I.D. No. 12-02295. *Regulation Affected:* 30 CFR 75.1909(b)(6) (Nonpermissible diesel-powered equipment; design and performance requirements). • *Docket Number:* M-2007-023-C: *FR Notice:* 72 FR 31862 (June 8, 2007). *Petitioner:* Little Buck Coal Company, 57 Lincoln Road, Pine Grove, Pennsylvania 17963. *Mine:* Bottom Split Slope Mine, MSHA I.D. 36-09491. *Regulation Affected:* 30 CFR 75.1200(d) and
(i)(Mine map). • *Docket Number:* M-2007-024-C: *FR Notice:* 72 FR 31862 (June 8, 2007). *Petitioner:* Little Buck Coal Company, 57 Lincoln Road, Pine Grove, Pennsylvania 17963. *Mine:* Bottom Split Slope Mine, MSHA I.D. No. 36-09491. *Regulation Affected:* 30 CFR 75.1202-1(a) (Temporary notations, revisions, and supplements). • *Docket Number:* M-2007-025-C: *FR Notice:* 72 FR 31862 (June 8, 2007). *Petitioner:* Little Buck Coal Company, 57 Lincoln Road, Pine Grove, Pennsylvania 17963. *Mine:* Bottom Split Slope Mine, MSHA I.D. No. 36-09491. *Regulation Affected:* 30 CFR 75.1400 (Hoisting equipment; general). • *Docket Number:* M-2006-013-M: *FR Notice:* 72 FR 8202 (February 23, 2007). *Petitioner:* Vulcan Construction Materials, L.P., 3001 Alcoa Highway, Knoxville, Tennessee 37920. *Mine:* Richmond Road Underground Mine, MSHA I.D. No. 15-00107. *Regulation Affected:* 30 CFR 49.2(c) (Availability of mine rescue teams). • *Docket Number:* M-2006-014-M: *FR Notice:* 72 FR 8202 (February 23, 2007). *Petitioner:* Vulcan Construction Materials, L.P., 3001 Alcoa Highway, Knoxville, Tennessee 37920. *Mine:* Central Underground Mine, MSHA I.D. No. 15-00016. *Regulation Affected:* 30 CFR 49.2 (Availability of mine rescue teams). • *Docket Number:* M-2006-015-M: *FR Notice:* 72 FR 8202 (February 23, 2007). *Petitioner:* Rogers Group, Inc., 2182 West Industrial Park Drive, Bloomington, Indiana 47404. *Mine:* Jefferson County Stone Underground Mine, MSHA I.D. No. 15-18157. *Regulation Affected:* 30 CFR 49.2 (Availability of mine rescue teams). Dated: November 27, 2007. Jack Powasnik, Deputy Director, Office of Standards, Regulations, and Variances. [FR Doc. E7-23395 Filed 11-30-07; 8:45 am] BILLING CODE 4510-43-P MILLENNIUM CHALLENGE CORPORATION [MCC FR 07-13] Notice of the December 12, 2007 Millennium Challenge Corporation Board of Directors Meeting; Sunshine Act Meeting AGENCY: Millennium Challenge Corporation. Time and Date: 2 p.m. to 4 p.m., Wednesday, December 12, 2007. Place: Department of State, 2201 C Street, NW., Washington, DC 20520. FOR FURTHER INFORMATION CONTACT: Information on the meeting may be obtained from Suzi M. Morris via e-mail at *Board@mcc.gov* or by telephone at
(202)521-3600. Status: Meeting will be closed to the public. Matters to be Considered: The Board of Directors (the “Board”) of the Millennium Challenge Corporation (“MCC”) will hold a meeting to consider the selection of countries that will be eligible for FY 2008 Millennium Challenge Account (“MCA”) assistance under Section 607 of the Millennium Challenge Act of 2003 (the “Act”), codified at 22 U.S.C. 7706, or Threshold Program assistance under Section 616 of the Act (22 U.S.C. 7715); discuss progress on proposed Compacts with certain MCA-eligible countries; discuss MCC's proposed policy on suspension, remediation, and termination of assistance and eligibility; and certain administrative matters. The agenda items are expected to involve the consideration of classified information and the meeting will be closed to the public. Dated: November 29, 2007. William G. Anderson, Jr., Vice President and General Counsel, Millennium Challenge Corporation. [FR Doc. 07-5922 Filed 11-29-07; 12:22 pm]
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