Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices 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 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 

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 

TIMES AND DATES: 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 


pwalker on PROD1PC71 with NOTICES
59312 Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices 

1Please note that all times in this notice are 

Eastern Standard Time. 

2The meeting of the Board of Directors will 

commence on Friday, October 26th and be 

continued and concluded on Saturday, October 

27th. 

3 It is expected that the Finance Committee will 

recess for lunch and will reconvene at 

approximately 1:30 p.m. Depending on the length 

of the preceding meetings, however, it is possible 

that the Committee’s meeting could begin earlier or 

later than 1:30 p.m. 

4Any portion of the closed session consisting 

solely of staff briefings does not fall within the 

Sunshine Act’s definition of the term ‘‘meeting’’

and, therefore, the requirements of the Sunshine 

Act do not apply to such portion of the closed 

session. 5 U.S.C. 552(b)(a)(2) and (b). See also 45 

CFR 1622.2 & 1622.3. 

adjournment of the immediately 

preceding meeting. 

PUBLIC OBSERVATION BY TELEPHONE: 

Members of the public that wish to 

listen to the open portions of the 

meetings live may do so by following 

the telephone call-in directions given 

below. You are asked to keep your 

telephone muted to eliminate 

background noises. Comments from the 

public may from time to time be 

solicited by the presiding Chairman. 

Call-In Directions for Open Sessions 

Friday, October 26, 2007 

• Call toll-free number 1–877–416–

4070; 

• When prompted, enter the 

following numeric pass code: 8575458; 

• When connected to the call, please 

‘‘MUTE’’ your telephone immediately. 

Saturday, October 27, 2007 

• Call toll-free number 1–877–416–

4704; 

• When prompted, enter the 

following numeric pass code: 4594318; 

• When connected to the call, please 

‘‘MUTE’’ your telephone immediately. 

Meeting Schedule 

Friday, October 26, 2007 

Time: 1:30 p.m.1

1. Provision for the Delivery of Legal 

Services Committee (Provisions 

Committee). 

2. Board of Directors.2

Saturday, October 28, 2007 

Time: 8:30 a.m.1

3. Annual Performance Reviews 

Committee (Performance Reviews 

Committee). 

4. Operations & Regulations 

Committee. 

5. Finance Committee.3

6. Board of Directors. 

LOCATION: The Portland Regency Hotel, 

20 Milk Street, Portland, Maine. 

STATUS OF MEETINGS: Open, except as 

noted below. 

Status: 

October 26–27, 2007 Board of 

Directors Meetings—Open, except that 

portions of the meetings of the Board of 

Directors may be closed to the public 

pursuant to a vote of the Board of 

Directors to take up several agenda 

items in executive/closed sessions. At 

the closed session on October 26, 2007, 

the Board will interview finalists for the 

position of LSC Inspector General, and 

will consider and may act on the 

selection of the Inspector General. 

At the closed session October 27, 

2007, the Board will hear a staff report 

on the U.S. Government Accountability 

Office’s draft report on LSC grants 

management, consider and may act on 

the General Counsel’s report on 

potential and pending litigation 

involving LSC, consider and may act on 

Resolution 2007–012, which would 

authorize the LSC President to receive 

compensation from a non-LSC source, 

and be briefed regarding the former LSC 

program in American Samoa.4 Verbatim 

written transcripts of the sessions will 

be made. The transcript of any portions 

of the closed sessions falling within the 

relevant provisions of the Government 

in the Sunshine Act, 5 U.S.C. 552b(c)(6), 

(9)(B) and (10), and the corresponding 

provisions of the Legal Services 

Corporation’s implementing regulation, 

45 CFR 1622.5(e), (g) and (h), will not 

be available for public inspection. The 

transcript of any portions not falling 

within the cited provisions will be 

available for public inspection. A copy 

of the General Counsel’s Certifications 

that the closings are authorized by law 

will be available upon request. 

MATTERS TO BE CONSIDERED: 

Friday, October 26, 2007 

Provision for the Delivery Of Legal 

Services Committee 

Agenda 

Open Session 

1. Approval of agenda. 

2. Approval of the Committee’s 

meeting minutes of July 27, 2007. 

3. Staff Update on activities 

implementing the LSC Private Attorney 

Involvement Action Plan—Help Close 

the Justice Gap: Unleash the Power of 

Pro Bono. 

4. Staff Update on Leadership 

Mentoring Pilot Program. 

5. Panel Presentation on Recruitment 

and Retention in LSC programs 

Innovative Projects at Pine Tree Legal 

Assistance: 

■ Hon. Frank M. Coffin Fellowship 

Program. Presenters: Charles Miller, 

Managing Partner, Bernstein Shur. 

William Plouffe, Partner, Drummon 

Woodsum & MacMahon. 

■ Medical-Legal Partnership for 

Children (MLPC). Presenters: Ellen 

Lawton, Executive Director, MLPC, 

Boston Medical Center, Lauren A. 

Smith, MD, MPH, Medical Director, 

MLPC, Boston Medical Center, Sara 

Meerse, KIDS LEGAL, Pine Tree Legal 

Assistance. 

■ Pine Tree Legal Assistance 

(PTLA) Retention Incentive Leave. 

Presenters: Nan Heald, Executive 

Director, PTLA, Thomas Kelley, 

Litigation Director, PTLA, Juliet 

Holmes-Smith, Director, Family Unit, 

PTLA. 

6. Public comment. 

7. Consider and act on other business. 

8. Consider and act on adjournment of 

meeting. 

Board of Directors 

Agenda 

Open Session 

1. Approval of agenda. 

2. Consider and act on whether to 

authorize an Executive Session of the 

Board of Directors to take up the items 

listed below, under Closed Session, and 

under the Closed Session heading of the 

agenda for the Board’s meeting of 

Saturday, October 27, 2007. 

Closed Session 

3. Interview and discuss finalists for 

the position of LSC Inspector General. 

4. Consider and act on the selection 

of an LSC Inspector General. 

5. Consider and act on any matters 

relating to the hiring of LSC Inspector 

General. 

6. Consider and act on motion to 

adjourn meeting. 

Saturday, October 27, 2007 

Performance Reviews Committee 

Agenda 

Open Session 

1. Approval of Agenda. 

2. Consider and act on a process for 

evaluation of the LSC President. 

3. Consider and act on other business. 

4. Consider and act on adjournment of 

meeting. 

Operations and Regulations Committee 

Agenda 

Open Session 

1. Approval of agenda. 

2. Approval of the minutes of the 

Committee’s July 28, 2007 meeting. 

3. Approval of the minutes of the 

Committee’s September 11, 2007 

meeting. 


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Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices 59313 

4. Consider and act on initiation of a 

rulemaking to adopt ‘‘lesser sanctions’’. 

a. Staff report. 

b. OIG comment. 

c. Public comment. 

5. Staff report on an LSC corporate 

compliance program. 

6. Staff report on the continuity of 

operations plan. 

7. Consider and act on locality pay 

issues. 

8. Discussion of OIG Report on IPAs. 

9. Consider and act on other business. 

10. Other public comment. 

11. Consider and act on adjournment 

of meeting. 

Finance Committee 

Agenda 

Open Session 

1. Approval of agenda. 

2. Approval of the minutes of the 

Committee’s meetings of July 28, 2007 

and September 17, 2007. 

3. Consider and act on FY 2007 

budgetary adjustments. 

—Presentation by David 

Richardson. 

—Comments by Victor M. Fortuno. 

4. Presentation on LSC’s Financial 

Reports for the Year Ending September 

30, 2007. 

—Presentation by David 

Richardson. 

5. Staff report on status of FY 2008 

appropriations process. 

—Presentation by John Constance. 

6. Consider and act on Resolution 

2007–009, Temporary Operating Budget 

for FY 2008. 

—Presentation by David Richardson 

and Charles Jeffress. 

7. Consider and act on Resolution 

2007–010, Resolution Authorizing Basic 

Field Grants for FY 2008 Upon Passage 

of the FY 2008 Appropriations Bill. 

—Comments by Charles Jeffress. 

8. Consider and act on Resolution 

2007–008, the LSC FY 2009 Budget 

Request. 

9. Staff report on financial statement 

standards. 

—Presentation by David 

Richardson. 

—Comments by Dutch Merryman. 

10. Consider and act on 

recommendation to the Board to 

establish an audit committee or assign 

audit committee functions to the 

Finance Committee. 

—Comments by Victor M. Fortuno, 

Charles Jeffress, Dutch Merryman. 

11. Consider and act on proposed 

amendment to LSC Act regarding Level 

V of the Executive Schedule and 

proposed resolution concerning 

compensation for members of the Board. 

—Presentation by Charles Jeffress. 

—Comments by John Constance. 

12. Staff report on the selection of a 

new administrator for LSC’s 403(b) 

savings plan. 

—Presentation by Charles Jeffress. 

13. Consider and act on Resolution 

2007–011, Increase in Maximum Salary 

Redirection Amount for FlexAmerica 

Health Care Reimbursement Fund. 

—Presentation by Charles Jeffress. 

14. Consider and act on invitations to 

LSC meetings in January 2008 and 

September 2008. 

—Presentation by Charles Jeffress. 

15. Consider and act on other 

business. 

16. Public comment. 

17. Consider and act on adjournment 

of meeting. 

Board of Directors 

Agenda 

Open Session 

1. Approval of agenda. 

2. Approval of minutes of the Open 

Session of the Board’s meeting of July 

27, 2007. 

3. Approval of minutes of the 

Executive Session of the Board’s 

meeting of July 27, 2007. 

4. Approval of minutes of the Open 

Session of the Board’s meeting of July 

28, 2007. 

5. Approval of minutes of the 

Executive Session of the Board’s 

meeting of July 28, 2008. 

6. Approval of minutes of the Board’s 

Telephonic meeting of September 11, 

2007. 

7. Chairman’s Report. 

8. Members’ Reports. 

9. President’s Report. 

10. Acting Inspector General’s Report. 

11. Consider and act on the report of 

the Committee on the Provision for the 

Delivery of Legal Services. 

12. Consider and act on the report of 

the Finance Committee. 

13. Consider and act on the report of 

the Operations & Regulations 

Committee. 

14. Consider and act on the report of 

the Performance Reviews Committee. 

15. Consider and act on proposed 

protocol for Board member access to 

corporate records. 

16. Consider and act on Board followup on recommendations to the Board 

contained in the report issued by the 

GAO on LSC governance. 

17. Consider and act on other 

business. 

18. Public comment. 

Closed Session 

19. Staff report on the Government 

Accountability Office’s (GAO) draft 

report on LSC grants management. 

20. Consider and act on General 

Counsel’s report on potential and 

pending litigation involving LSC. 

21. Consider and act on Resolution 

#2007–012 authorizing receipt of nonLSC compensation by the President. 

22. Briefing on former LSC program in 

American Samoa. 

23. Consider and act on motion to 

adjourn meeting. 

CONTACT PERSON FOR INFORMATION: 

Patricia D. Batie, Manager of Board 

Operations, at (202) 295–1500. 

SPECIAL NEEDS: Upon request, meeting 

notices will be made available in 

alternate formats to accommodate visual 

and hearing impairments. Individuals 

who have a disability and need an 

accommodation to attend the meeting 

may notify Patricia D. Batie, at (202) 

295–1500. 

Dated: October 17, 2007. 

Victor M. Fortuno, 

Vice President & General Counsel. 

[FR Doc. 07–5208 Filed 10–17–07; 1:55 pm] 

BILLING CODE 7050–01–P 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

Sunshine Act Meeting 

October 10, 2007. 

TIME AND DATE: 10 a.m., Tuesday, 

October 23, 2007. 

PLACE: The Richard V. Backley Hearing 

Room, 9th Floor, 601 New Jersey 

Avenue, NW., Washington, DC. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

Commission will hear oral argument in 

the matters Secretary of Labor v. 

Emerald Coal Resources, LP, Docket No. 

PENN 2007–251–E, and Secretary of 

Labor v. Cumberland Coal Resources, 

LP, Docket No. PENN 2007–252–E. 

(Issues include whether the 

Administrative Law Judge erred in 

upholding the Secretary’s decision to 

require that the operators’ Emergency 

Response Plans (ERPs) contain 

provisions mandating that the operators 

provide purchase orders for rescue 

chambers.) 

Any person attending this oral 

argument who requires special 

accessibility features and/or auxiliary 

aids, such as sign language interpreters, 

must inform the Commission in advance 

of those needs. Subject to 29 CFR 

2706.150(a)(3) and 2706.160(d). 

CONTACT PERSON FOR MORE INFO: Jean 

Ellen (202) 434–9950/(202) 708–9300 


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