Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices 56175 

(OWCP) may be represented by an 

attorney or other representative. The 

representative is entitled to request a fee 

for services under the Federal 

Employees’ Compensation Act (FECA) 

and under the Longshore and Harbor 

Workers’ Compensation Act (LHWCA). 

The fee must be approved by the OWCP 

before any demand for payment can be 

made by the representative. This 

information collection request sets forth 

the criteria for the information, which 

must be presented by the respondent in 

order to have the fee approved by the 

OWCP. The information collection does 

not have a particular form or format; the 

respondent must present the 

information in any format which is 

convenient and which meets all the 

required information criteria. This 

information collection is currently 

approved for use through March 31, 

2007. 

II. Review Focus: The Department of 

Labor 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 submissions 

of responses. 

III. Current Actions: The Department 

of Labor seeks the extension of approval 

to collect this information in order to 

carry out its responsibility to approve 

representative fees under the two Acts. 

Type of Review: Extension. 

Agency: Employment Standards 

Administration. 

Title: Representative Fee Requests. 

OMB Number: 1215–0078. 

Affected Public: Business or other forprofit; individuals or households. 

Total Respondents: 12,340. 

Total Responses: 12,340. 

Frequency: On occasion. 

Estimated Total Burden Hours: 7,670. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintenance): $17,363. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: September 21, 2006. 

Ruben Wiley, 

Chief, Branch of Management Review and 

Internal Control, Division of Financial 

Management, Office of Management, 

Administration and Planning, Employment 

Standards Administration. 

[FR Doc. E6–15740 Filed 9–25–06; 8:45 am] 

BILLING CODE 4510–CR–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification 

The following parties have filed 

petitions to modify the application of 

existing safety standards under section 

101(c) of the Federal Mine Safety and 

Health Act of 1977 and 30 CFR part 44. 

1. Wabash Mine Holding Company 

[Docket No. M–2006–043–C] 

Wabash Mine Holding Company, 

Three Gateway Center, Suite 1340, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222 has filed a petition 

to modify the application of 30 CFR 

75.364(b)(2) (Weekly examination) to its 

Wabash Mine, Old B–1/Fault Crossing 

Area of the Mine (MSHA I.D. No. 11–

00877) located in Wabash County, 

Illinois. The petitioner requests a 

modification of the existing standard to 

permit an alternative method of 

complying with the examination 

requirement due to deteriorating roof 

conditions in the abandoned old B1 

panel area. The petitioner proposes to: 

(1) Establish an inlet evaluation point in 

the affected area of the mine as ‘‘Intake 

EP,’’ which will be evaluated by a 

certified person on a weekly basis; (2) 

establish an outlet evaluation point in 

the affected area as ‘‘Outlet EP,’’ which 

will be evaluated by a certified person 

on a weekly basis; and (3) within 60 

days submit revisions of its Part 48 

training plan to the District Manager 

that includes initial and refresher 

training to comply with the final order. 

The petitioner states that the proposed 

alternative method of compliance 

provides a measure of protection equal 

to that of the standard. The petitioner 

also states that traveling the affected 

area of the air courses in their entirety 

would present a hazard to the miners 

because of exposure to the deteriorating 

roof conditions and limited access and 

result in a diminution of safety. 

2. Wabash Mine Holding Company 

[Docket No. M–2006–044–C] 

Wabash Mine Holding Company, 

Three Gateway Center, Suite 1340, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222 has filed a petition 

to modify the application of 30 CFR 

75.364(b)(2) (Weekly examination) to its 

Wabash Mine, 1N/3W Area of the Mine 

(MSHA I.D. No. 11–00877) located in 

Wabash County, Illinois. The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance for examination 

of the 1N/3W Area of the Mine due to 

roof falls shortly after mining at the 

entrance of the abandoned 1N/3W panel 

area petitioner avers that this activity 

has made sealing the panel virtually 

impossible, and to construct seals to 

close off the entire area from the 1W3B 

tail area to the mouth of the 1N/3W 

would expose workers to hazardous 

conditions. The petitioner states that to 

examine the 1N/3W air course from the 

1W3B tail area to the west side of the 

existing 1N/3W seals would be 

hazardous. The petitioner proposes to: 

(1) Establish an inlet evaluation point in 

the affected area of the mine as ‘‘Intake 

EP,’’ which will be evaluated by a 

certified person on a weekly basis; (2) 

establish two (2) outlet evaluation 

points in the affected area as 

‘‘Permanent Outlet EP,’’ which will be 

evaluated by a certified person on a 

weekly basis; and (3) within 60 days 

submit revisions of its Part 48 training 

plan to the District Manager that 

includes initial and refresher training to 

comply with the final order. The 

petitioner states that the proposed 

alternative method of compliance 

provides a measure of protection equal 

to that of the standard. The petitioner 

also states that traveling the affected 

area of the air courses in their entirety 

would present a hazard to the miners 

because of exposure to the deteriorating 

roof conditions and limited access and 

result in a diminution of safety. 

3. Wabash Mine Holding Company 

[Docket No. M–2006–045–C] 

Wabash Mine Holding Company, 

Three Gateway Center, Suite 1340, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222 has filed a petition 

to modify the application of 30 CFR 

75.364(b)(1) and (b)(4) (Weekly 

examination) to its Wabash Mine, Main 

East Seals Area of the Mine (MSHA I.D. 

No. 11–00877) located in Wabash 

County, Illinois. The petitioner requests 

a modification of the existing standard 

to permit an alternative method of 

compliance for examination of the 

certain areas of the Mine that have been 


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56176 Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices 

sealed off, known as the Main East 

Seals, due to roof falls. The petitioner 

states that the air that passes by these 

seals do not ventilate any working 

section but rather it flows to a nearby 

return air shaft. Further, petitioner 

states that roof falls have occurred in 

several of the airways that formerly 

provided access to the seals, and the 

remaining entries that provided access 

to the seals have deteriorating roof 

conditions and hinders safe access to 

the seals. The petitioner proposes to: (1) 

Establish a permanent monitoring 

station to permit monitoring of the air 

for oxygen and methane after it passes 

through the hazardous roof areas at the 

Main East. The monitoring stations will 

be linked to the mine’s approved minewide monitoring system and located in 

the area of the ‘‘Permanent Outby EP’’; 

(2) evaluate the air that passes the seals 

by a certified person on a weekly basis 

before it reaches the seals in the area of 

the location shown as ‘‘Intake EP’’ on 

the attached map; and (3) within 60 

days submit revisions of its Part 48 

training plan to the District Manager 

that includes initial and refresher 

training to comply with the final order. 

The petitioner asserts that inspection of 

the air course would result in a 

diminution of safety to the miners and 

that the proposed alternative method of 

compliance provides a measure of 

protection equal to that of the standard. 

4. Wabash Mine Holding Company 

[Docket No. M–2006–046–C] 

Wabash Mine Holding Company, 

Three Gateway Center, Suite 1340, 401 

Liberty Avenue, Pittsburgh, 

Pennsylvania 15222 has filed a petition 

to modify the application of 30 CFR 

75.364(b)(2) (Weekly examination) to its 

Wabash Mine, Main West and 2 South/ 

3 West Areas of the Mine (MSHA I.D. 

No. 11–00877) located in Wabash 

County, Illinois. The petitioner requests 

a modification of the existing standard 

to permit an alternative method of 

compliance for examination of the Main 

West Returns and 2 South/3 West 

Returns. The petitioner states that roof 

falls in conjunction with deteriorating 

roof conditions have made examining 

the air courses known as the Main West 

Returns and 2 South/3 West Returns a 

hazard to travel in their entirety due to 

the deteriorated roof conditions and 

limited access. The petitioner proposes 

to: (1) Establish evaluation points in the 

affected area which will be evaluated by 

a certified person on a weekly basis, and 

(2) within 60 days submit revisions of 

its Part 48 training plan to the District 

Manager that includes initial and 

refresher training to comply with the 

final order. The petitioner asserts that 

the proposed alternative method of 

compliance provides a measure of 

protection equal to that of the standard 

and application of the standard results 

in a diminution of safety. 

5. FKZ Coal Company 

[Docket No. M–2006–047–C] 

FKZ Coal Company, P.O. Box 62, 

Locust Gap, Pennsylvania 17840 has 

filed a petition to modify the 

application of 30 CFR 75.1714–2(c) 

(Self-rescue devices; use requirements) 

to its No. 1 Slope Mine (MSHA I.D. No. 

36–08637) located in Northumberland 

County, Pennsylvania. The petitioner 

requests a modification of the existing 

standard to permit self-contained selfrescue (SCSR) devices to be stored 

within 200 feet of the working face. The 

petitioner states that in steeply pitching, 

conventional anthracite mines, entries 

are advanced as far as 200 feet 

vertically, which exposes the miner to 

trip and fall hazards. The petitioner 

further states that the necessity of 

carrying supplies up narrow entries 

while wearing the SCSRs, may result in 

damage to the SCSR and also may result 

in a diminution of safety to the miner. 

The petitioner also states that the 

method proposed would in no way 

provide less than the same measure of 

protection than that afforded miners 

under the existing standard. 

6. FKZ Coal Company 

[Docket No. M–2006–049–C] 

FKZ Coal Company, P.O. Box 62, 

Locust Gap, Pennsylvania 17840 has 

filed a petition to modify the 

application of 30 CFR 75.381(c)(5) 

(Escapeways; anthracite mines) to its 

No. 1 Slope Mine (MSHA I.D. No. 36–

08637) located in Northumberland 

County, Pennsylvania. The petitioner 

requests a modification of the existing 

standard to eliminate the requirement to 

use a continuous directional lifeline at 

the Orchard Slope Mine. The petitioner 

states that: (1) The pitching seams in the 

anthracite coal mines are inherently 

directional; (2) the entries are either 

driven horizontal in one direction or 

vertical with the pitching geology; (3) 

when entering the mine if the mine roof 

is on your right side, it is basic 

knowledge to know that when leaving 

the mine, the mine roof is on your left 

side; and (4) even if vision is impaired, 

it is impossible to lose your sense of 

direction, simply by the location of the 

roof and rib. The petitioner asserts that 

application of the existing standard 

would cause a diminution of safety to 

the miners because to stretch any type 

of line across the opening of a vertical 

entry could result in a tripping hazard 

with a fall potential in excess of 30 to 

60 feet. 

7. Tito Coal Company 

[Docket No. M–2005–050–C] 

Tito Coal Company, 118 Fairview 

Lane, Williamstown, Pennsylvania 

17098 has filed a petition to modify the 

application of 30 CFR 75.381(c)(5) 

(Escapeways; anthracite mines) to its 

No. 2 Slope Mine (MSHA I.D. No. 36–

06815) located in Schuylkill County, 

Pennsylvania. The petitioner requests a 

modification of the existing standard to 

eliminate the requirement to use a 

continuous directional lifeline at the 

No. 2 Slope Mine. The petitioner states 

that: (1) The pitching seams in the 

anthracite coal mines are inherently 

directional; (2) the entries are either 

driven horizontal in one direction or 

vertical with the pitching geology; (3) 

when entering the mine if the mine roof 

is on your right side, it is basic 

knowledge to know that when leaving 

the mine, the mine roof is on your left 

side; and (4) even if vision is impaired, 

it is impossible to lose your sense of 

direction, simply by the location of the 

roof and rib. The petitioner asserts that 

application of the existing standard 

would cause a diminution of safety to 

the miners because to stretch any type 

of line across the opening of a vertical 

entry could result in a tripping hazard 

with a fall potential in excess of 30 to 

60 feet. 

8. Tito Coal Company 

[Docket No. M–2006–051–C] 

Tito Coal Company, 118 Fairview 

Lane, Williamstown, Pennsylvania 

17098 has filed a petition to modify the 

application of 30 CFR 75.1714–2(c) 

(Self-rescue devices; use requirements) 

to its No. 2 Slope Mine (MSHA I.D. No. 

36–06815) located in Schuylkill County, 

Pennsylvania. The petitioner requests a 

modification of the existing standard to 

permit self-contained self-rescue (SCSR) 

devices to be stored within 200 feet of 

the working face. The petitioner states 

that in steeply pitching, conventional 

anthracite mines, entries are advanced 

as far as 200 feet vertically. The 

petitioner states that the miner is 

exposed to trip and fall hazards and the 

necessity of carrying supplies up these 

narrow entries while wearing the 

SCSRs, may result in damage to the 

SCSR and in a diminution of safety to 

the miner. 

9. D & D Coal Company 

[Docket No. M–2006–053–C] 

D & D Coal Company, 409 W. Centre 

Street, Donaldson, Pennsylvania 17981 


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has filed a petition to modify the 

application of 30 CFR 75.381(c)(5) 

(Escapeways; anthracite mines) to its 

Primrose Slope Mine (MSHA I.D. No. 

36–08341) located in Schuylkill County, 

Pennsylvania. The petitioner requests a 

modification of the existing standard to 

eliminate the requirement to use a 

continuous directional lifeline at the 

Primrose Slope Mine. The petitioner 

states that: (1) The pitching seams in the 

anthracite coal mines are inherently 

directional; (2) the entries are either 

driven horizontal in one direction or 

vertical with the pitching geology; (3) 

when entering the mine if the mine roof 

is on your right side, it is basic 

knowledge to know that when leaving 

the mine, the mine roof is on your left 

side; and (4) even if vision is impaired, 

it is impossible to lose your sense of 

direction, simply by the location of the 

roof and rib. The petitioner asserts that 

application of the existing standard 

would cause a diminution of safety to 

the miners because to stretch any type 

of line across the opening of a vertical 

entry could result in a tripping hazard 

with a fall potential in excess of 30 to 

60 feet. 

10. D & D Coal Company 

[Docket No. M–2006–054–C] 

D & D Coal Company, 409 W. Centre 

Street, Donaldson, Pennsylvania 17981 

has filed a petition to modify the 

application of 30 CFR 75.1714–2(c) 

(Self-rescue devices; use requirements) 

to its Primrose Slope Mine (MSHA I.D. 

No. 36–08341) located in Schuylkill 

County, Pennsylvania. The petitioner 

requests a modification of the existing 

standard to permit self-contained selfrescue (SCSR) devices to be stored 

within 200 feet of the working face. The 

petitioner states that in steeply pitching, 

conventional anthracite mines, entries 

are advanced as far as 200 feet 

vertically. The petitioner states that the 

miner is exposed to trip and fall hazards 

and the necessity of carrying supplies 

up these narrow entries while wearing 

the SCSRs, may result in damage to the 

SCSR and in a diminution of safety to 

the miner. 

11. Usibelli Coal Mine, Inc. 

[Docket No. M–2006–056–C] 

Usibelli Coal Mine, Inc., P.O. Box 

1000, Healy, Alaska 99743 has filed a 

petition to modify the application of 30 

CFR 77.803 (Fail safe ground check 

circuits on high-voltage resistance 

grounded systems) to its Usibelli Mine 

(MSHA I.D. No. 50–00030) located in 

Yukon-Koyukuk County, Alaska. The 

petitioner requests a modification of the 

existing standard to permit an 

alternative method of compliance when 

the boom/mast is raised or lowered 

during construction and repairs/ 

maintenance on a Bucyrus 1300W 

dragline machine. The petitioner 

proposes to disable the ground 

monitoring while lowering and raising 

the boom as a safer alternative in case 

it loses power which would cause the 

boom to fall. The petitioner proposes to 

use the boom raising/lowering the boom 

procedures during construction and 

maintenance while the machine is not 

in mining operations. The petitioner 

states that major maintenance requiring 

the raising/lowering of the boom/mast 

would only be performed as needed. 

Petitioner further avers that it will 

provide review, training, and retraining 

of the procedures to all persons 

involved before the boom is raised or 

lowered because boom lowering/raising 

is done infrequently with long intervals 

of time between each occurrence. The 

petitioner proposes to use the following 

guidelines to minimize the potential for 

electrical power loss during the boom 

lowering/raising procedure: (1) A 

written procedure will be developed 

and implemented by the mine operator/ 

contractor that will: (a) Limit the 

number of persons needed on board the 

machine during the boom-mast raising/ 

lowering, and only those persons 

critical to performing necessary 

functions will be permitted on board the 

machine; (b) rope off or guard the area 

around the machine and explain the 

methods that will be used to prevent offboard persons from contacting the frame 

or cable of the machine; and (c) prohibit 

other work activities in close proximity 

to the machine during the boom/mast 

operation. The petitioner would 

establish a responsible person at the 

work site, and provide enumerated 

electrical safety precautions. The 

petitioner asserts that these procedures 

for raising/lowering the boom will not 

result in a diminution of safety to the 

miners. 

12. Lane Mountain Silica Company 

[Docket No. M–2006–004–M] 

Lane Mountain Silica Company, 500 

Union Street, Suite 847, Seattle, 

Washington 98101 has filed a petition to 

modify the application of 30 CFR 

56.9300 (Berms and guardrails) to its 

Lane Mountain Silica Mine (MSHA I.D. 

No. 45–00983) located in Stevens 

County, Washington. The petitioner 

requests a modification of the existing 

standard for berms on elevated 

roadways to and from quarries of the 

Lane Mountain Silica Mine where dropoffs of sufficient grad exist to cause a 

vehicle to overturn or endanger 

individuals operating equipment. The 

petitioner proposes to enhance its 

longstanding safety program as an 

alternate method. The petitioner states 

that mining and hauling operations are 

seasonal and no hauling occurs from 

approximately November through April 

when the weather conditions are severe. 

Petitioner also asserts that the roadway 

is typically clear and dry from May 

through October when hauling occurs 

and the equipment operator by the 

petitioner is street legal and inspected 

on a daily basis. Petitioner states that it 

enhanced its safety program by: (1) 

Installing delineates at approximately 

100 feet intervals along the outboard 

side of the entire roadway; (2) 

establishing reduced speed limits; and 

(3) updated its driver safety program. 

Petitioner states that the existing and 

enhanced safety requirements for use of 

the roadway equals or surpasses the 

existing standard. The petitioner further 

states that erection of berms would 

narrow the roadway to a point where 

safety is detrimentally impacted. The 

petitioner asserts that the proposed 

alternative method would provide at 

least the same measure of protection as 

the existing standard and that 

application of the standard would result 

in a diminution of safety to the miners. 

Request for Comments 

Persons interested in these petitions 

are encouraged to submit comments via 

E-mail to Standards-Petitions@dol.gov 

Include ‘‘petitions for modification’’ in 

the subject line of the e-mail. Comments 

can also be submitted by fax, regular 

mail, or hand-delivery. If faxing your 

comments, include ‘‘petitions for 

modification’’ on the subject line of the 

fax. Comments by regular mail or handdelivery should be submitted to the 

Mine Safety and Health Administration, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia 22209. 

If hand-delivered, you are required to 

stop by the 21st floor to check in with 

the receptionist. All comments must be 

postmarked or received by the Office of 

Standards, Regulations, and Variances 

on or before October 26, 2006. Copies of 

the petitions are available for inspection 

at that address. 

Dated at Arlington, Virginia this 19th day 

of September 2006. 

Ria Moore Benedict, 

Deputy Director, Office of Standards, 

Regulations, and Variances. 

[FR Doc. 06–8246 Filed 9–25–06; 8:45 am] 

BILLING CODE 4510–43–P 


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