45828 Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Notices 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $6 (24 pages at 25 

cents per page reproduction cost) 

payable to the U.S. Treasury. 

William D. Brighton, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–3997 Filed 8–14–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Settlement 

Pursuant to Comprehensive 

Environmental Response, 

Compensation and Liability Act 

Notice is hereby given that on August 

2, 2007, a proposed settlement in United 

States v. Ludlow’s Sand and Gravel Co., 

Inc. and G. Kevin Ludlow, Civil No. 07–

cv–00793–GLS–DEP, was lodged with 

the United States District Court for the 

Northern District of New York. 

In this action, the United States 

asserts claims against Ludlow’s Sand 

and Gravel Co., Inc. and G. Kevin 

Ludlow under sections 106 and 107 of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), 42 U.S.C. Sections 9606 

and 9607, for recovery of response costs 

and injunctive relief related to the 

Ludlow’s Sand and Gravel Superfund 

Site (the ‘‘Site’’) in Paris, New York. The 

proposed Consent Decree is based on 

the Defendants’ limited ability-to-pay 

and provides for Ludlow’s Sand and 

Gravel Co., Inc. to perform services in 

support of the cleanup activities by the 

United States at the Site. The Decree 

provides the Defendants with a 

covenant not to sue under Sections 106 

and 107 of CERCLA. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the settlement. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and either 

e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611, and 

should refer to United States v. 

Ludlow’s Sand and Gravel Co., Inc. and 

G. Kevin Ludlow, et al., D.J. Ref. 90–11–

3–08084/1. 

The settlement may be examined at 

the Office of the United States Attorney, 

Northern District of New York, 100 S. 

Clinton Street, Syracuse, NY 13261–

7198 and at the Region II Office of the 

U.S. Environmental Protection Agency, 

Region II Records Center, 290 

Broadway, 17th Floor, New York, NY 

10007–1866. During the public 

comment period, the settlement may 

also be examined on the following 

Department of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

settlement may also be obtained by mail 

from the Consent Decree Library, P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611 or by 

faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $17.50 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

Ronald G. Gluck, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 07–3999 Filed 8–14–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Under 42 U.S.C. 9622(d)(2) and 28 

C.F.R. 50.7, notice is hereby given that 

on August 2, 2007, a proposed consent 

decree in United States v. Waste 

Management of Wisconsin, Inc., Civil 

Action Number 07–C–0424–C, was 

lodged with the United States District 

Court for the Western District of 

Wisconsin. 

The consent decree resolves claims 

against Waste Management of 

Wisconsin, Inc. (‘‘WMWI’’) on behalf of 

the Environmental Protection Agency 

(‘‘EPA’’) under Sections 106 and 107 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9606 and 

9607, for response action to be taken 

and response costs to be incurred in 

responding to the release and threatened 

release of hazardous substances at the 

Hagen Farm Superfund Site (‘‘Site’’) in 

Dane County, Wisconsin. 

WMWI has been performing the 

remedial action for the Site under a 

unilateral administrative order issued 

by EPA. Under the consent decree, 

WMWI will complete performance of 

the Site remedy and will reimburse the 

United States for response costs the 

United States will incur at the Site. The 

consent decree also provides for 

disbursement to WMWI, if specified 

conditions are met, of approximately 

$1.525 million credited to the Site from 

the proceeds of a prior, separate 

settlement in In re U.E. Systems, Inc., et 

al., No. 91–32791 (Bankr. N.D. Ind.). 

The U.E. Systems settlement required 

that amounts recovered therein ‘‘shall 

reduce the liability of the non-settling 

potentially responsible parties * * * by 

the amount of the credit.’’ The proposed 

consent decree with WMWI will 

implement that provision of the U.E. 

Systems settlement while also providing 

the United States with essentially full 

recovery of all response costs incurred 

or to be incurred by the United States 

in connection with the Site. 

For a period of thirty (30) days from 

the date of this publication, the 

Department of Justice will receive 

comments relating to the proposed 

Consent Decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and either e-mailed 

to pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Waste Management of 

Wisconsin, Inc., D.J. Ref. 90–11–2–588/ 

1. 

The Consent Decree (including all its 

Appendices A through N) may be 

examined at the Office of the United 

States Attorney for the Western District 

of Wisconsin, 660 W. Washington Ave., 

Suite 303, Madison, Wisconsin 53701, 

and at the Region 5 Office of the 

Environmental Protection Agency, 77 

W. Jackson Blvd., Chicago, Illinois 

60604. During the public comment 

period, the Consent Decree and all 

Appendices may also be examined on 

the following Department of Justice Web 

site: http://www.usdoj.gov/enrd/ 

Consent_Decrees. html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611, or 

by faxing or e-mailing a request to Tonia 

Fleetwood, tonia.fleetwood@usdoj.gov, 

Fax No. (202) 514–0097, phone 

confirmation number (202) 514–1547. 

Please enclose a check for $22.25 for the 

Consent Decree text only, or for $163.25 

for the Consent Decree including all 

attachments (25 cents per page 

reproduction costs), payable to the U.S. 

Treasury, or, if by e-mail or fax, forward 

a check for the appropriate amount to 


ebenthall on PROD1PC69 with NOTICES
Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Notices 45829 

the Consent Decree Library at the stated 

address. 

William D. Brighton, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 07–3996 Filed 8–14–07; 8:45 am] 

BILLING CODE 4410–15–M 

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 Off ice of Standards, 

Regulations, and Variances on or before 

September 14, 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 

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: 

I. Background 

Section 101(c) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) allows the mine operator or 

representative of miners to file a 

petition to modify the application of any 

mandatory safety standard to a coal or 

other mine if the Secretary determines 

that: (1) An alternative method of 

achieving the result of such standard 

exists which will at all times guarantee 

no less than the same measure of 

protection afforded the miners of such 

mine by such standard; or (2) that the 

application of such standard to such 

mine will result in a diminution of 

safety to the miners in such mine. In 

addition, the regulations at 30 CFR 

44.10 and 44.11 establish the 

requirements and procedures for filing 

petitions for modifications. 

II. Petitions for Modification 

Docket Number: M–2007–043–C. 

Petitioner: Consolidation Coal 

Company, 1800 Washington Road, 

Pittsburgh, Pennsylvania 15241. 

Mine: Robinson Run Mine #95, MSHA 

I.D. No. 46–01318, located in Harrison 

County, West Virginia. 

Regulation Affected: 30 CFR 75.503 

(Permissible electric face equipment; 

maintenance) and 30 CFR 18.35 

(Portable (trailing) cables and cords). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the maximum length 

of trailing cables supplying power to 

permissible equipment used in 

continuous mining sections to be 

increased to 1,000 feet. The petitioner 

states that: (1) The trailing cables will be 

used only to supply three-phase, 575- 

volt power to loading machines, shuttle 

cars, roof bolters (longwall and section), 

section ventilation fans and de-gas 

drills; (2) the trailing cables will not be 

smaller than # 2 American Wire Gauge 

(AWG) and the trailing cables for the 

roof bolter will not be smaller than # 4 

AWG; (3) all circuit breakers used to 

protect # 2 AWG trailing cables 

exceeding 700 feet in length will have 

instantaneous trip units calibrated to 

trip at 800 amperes; (4) the trip setting 

of the circuit breakers will be sealed or 

locked and will have permanent and 

maintained legible labels; (5) each label 

will identify the circuit breaker as being 

suitable for protecting # 2 AWG cables; 

(6) the circuit breakers used to protect 

# 4 AWG trailing cables exceeding 600 

feet in length will have instantaneous 

trip units calibrated to trip at 500 

amperes and the trip setting of the 

circuit breakers will be sealed or locked 

and will have permanent and 

maintained legible labels; (7) each label 

will identify the circuit breaker as being 

suitable for protecting # 4 AWG cables; 

and (8) replacement instantaneous trip 

units used to protect # 4 AWG trailing 

cables will be calibrated to trip at 500 

amperes and will be sealed and locked. 

The petitioner has listed specific 

additional procedures in this petition 

that will be used to comply with the 

proposed alternative method. 

Individuals may review a complete 

description of the procedures at the 

MSHA address listed in this notice. The 

petitioner asserts that the proposed 

alternative method would provide at 

least the same measure of protection as 

the existing standard. 

Docket Number: M–2007–044–C. 

Petitioner: C.W. Mining Company, 

P.O. Box 300, Huntington, Utah 84528. 

Mine: Bear Canyon No. 4 Mine, 

MSHA I.D. No. 42–02335, located in 

Emery County, Utah. 

Regulation Affected: 30 CFR 75.350 

(Belt air course ventilation). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the belt-haulage 

entry to be used as the return entry 

during two-entry longwall panel 

development and as an intake entry to 

provide additional face ventilation 

during longwall panel retreat mining. 

The petitioner states that an 

atmospheric monitoring system (AMS) 

for early warning fire detection will be 

utilized throughout the two-entry 

system and all sensors that are part of 

the AMS will be diesel-discriminating 

(carbon monoxide and nitric oxide) 

sensors. The petitioner has listed 

specific additional procedures in this 

petition that will be used to comply 

with the proposed alternative method. 

Individuals may review a complete 

description of the procedures at the 

MSHA address listed in this notice. The 

petitioner asserts that the petitioned-for 

method will at all times guarantee no 

less than the same measure of protection 

afforded by 30 CFR 75.350, and that 

application of the existing standard will 

result in a diminution of safety to the 

miners. 

Docket Number: M–2007–045–C. 

Petitioner: Alpha & Omega Coal 

Company, LLC, Drawer 887, Louisa, 

Kentucky 41230. 

Mine: No. 2 Deep Mine, MSHA I.D. 

No. 46–09187, located in Mingo County, 

West Virginia. 


ebenthall on PROD1PC69 with NOTICES