Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Notices 7323 

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 in Washington, DC, this 30th day of 

January, 2008. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–2238 Filed 2–6–08; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–62,668] 

Conrad Forest Products, Conrad 

Forest Products, North Bend, OR; 

Notice of Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on January 

11, 2008 in response to a worker 

petition filed by a company official on 

behalf of workers at Conrad Forest 

Products, North Bend, Oregon. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC this 29th day of 

January 2008. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–2232 Filed 2–6–08; 8:45 am] 

BILLING CODE 4510–FN–P 

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: All comments on the petitions 

must be received by the Office of 

Standards, Regulations, and Variances 

on or before March 10, 2008. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: StandardsPetitions@dol.gov. 

2. Facsimile: 1–202–693–9441. 

3. Regular Mail: 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. 

4. Hand-Delivery or Courier: 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–2007–073–C. 

Petitioner: B & B Coal Company, 225 

East Main Street, Joliett, Pennsylvania 

17981. 

Mine: B & B Rockridge Slope, MSHA 

I.D. No. 36–07741, located in Schuylkill 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.311(a) 

(Main mine fan operation). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to allow the main mine fan to 

be idle during non-working hours. The 

petitioner states that historically, the 

main mine fan operation has been shut 

down during non-working shifts, 

because of icing during the winter 

months. The petitioner proposes to use 

the following stipulations in the fan 

stoppage plan: (1) Shut the main mine 

fan down during idle periods; (2) no 

mechanized equipment will be used 

underground; (3) no electric power 

circuits enter the underground mine; (4) 

the main mine fan will be operated for 

a minimum of one-half hour after the 

pressure recorder indicates that the 

normal mine ventilating pressure has 

been reached prior to anyone entering 

the mine; (5) the mine battery 

locomotive may be used to make the 

required pre-shift examination; (6) the 

communication circuit 9-volts will be 

energized prior to the pre-shift being 

made; (7) a certified person will conduct 

an examination of the entire mine 

according to the requirements in 30 CFR 

75.360; and (8) persons will be allowed 

to enter the mine after it is determined 

to be safe and the pre-shift examination 

results have been recorded. The 

petitioner further states that repeated 

testing of methane concentrations have 

shown that concentration levels have at 

no time risen above 0.0 percent. The 

petitioner asserts that the proposed 

alternative method would provide at 

least the same measure of protection as 

the existing standard. 

Docket Number: M–2007–074–C. 

Petitioner: KenAmerican Resources, 

Inc., 7590 State Route 181, Central City, 

Kentucky 42330. 

Mine: Paradise Mine, MSHA I.D. No. 

15–17741, located in Muhlenberg 

County, Kentucky. 

Regulation Affected: 30 CFR 75.350 

(Belt air course ventilation). 

Modification Request: The petitioner 

proposes to develop two inner seam 

slopes from the No. 11 coal seam to the 

No. 9 coal seam, vertically a distance of 

approximately 110 feet. The petitioner 

states that: (1) The slopes are designed 

at a nine degree slope for a total 

distance of 1,000 feet; (2) as an 

alternative plan, air locks will be used 


jlentini on PROD1PC65 with NOTICES
7324 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Notices 

at both the top and bottom of the belt/ 

return slope so that the belt and return 

will be one slope for the purpose of 

return air and coal haulage; (3) a carbon 

monoxide monitoring system will be 

used on the belt at the top and bottom 

of the slope with monitoring via 

computer in the mine office and the 

mine dispatcher station on the surface; 

and (4) return air coursed up the slope 

will be routed to the return at the top 

of the slope and will not mix with belt 

air. The petitioner asserts that the 

proposed alternative method will at all 

times guarantee the same measure of 

protection and safety afforded the 

miners by the mandatory standard. 

Docket Number: M–2008–001–C. 

Petitioner: S & M Coal Company, 1744 

E. Grand Avenue, Tower City, 

Pennsylvania 17980. 

Mine: Buck Mountain Slope, MSHA 

I.D. No. 36–02022, located in Daupin 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.1400 

(Hoisting equipment; general). 

Modification Request: The petitioner 

proposes to use the slope (gunboat) to 

transport persons in shafts and slopes 

using an increased rope strength/safety 

factor and secondary safety rope 

connection instead of using safety 

catches or other no less effective 

devices. The petitioner asserts that a 

functional safety catch capable of 

working properly in slopes with 

knuckles and curves has not been 

developed and that the proposed 

alternative method will not provide less 

than the same measure of protection 

afforded the miners under the current 

standard. 

Dated: January 30, 2008. 

Jack Powasnik, 

Deputy Director, Office of Standards, 

Regulations, and Variances. 

[FR Doc. E8–2229 Filed 2–6–08; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2006–0040] 

SGS U.S. Testing Company, Inc.; 

Expansion of Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: This notice announces the 

Occupational Safety and Health 

Administration’s final decision 

expanding the recognition of SGS U.S. 

Testing Company, Inc., (SGSUS) as a 

Nationally Recognized Testing 

Laboratory under 29 CFR 1910.7. 

DATES: The expansion of recognition 

becomes effective on February 7, 2008. 

FOR FURTHER INFORMATION CONTACT: 

MaryAnn Garrahan, Director, Office of 

Technical Programs and Coordination 

Activities, NRTL Program, Occupational 

Safety and Health Administration, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Room N–3655, 

Washington, DC 20210, or phone (202) 

693–2110. 

SUPPLEMENTARY INFORMATION: 

Notice of Final Decision 

The Occupational Safety and Health 

Administration (OSHA) hereby gives 

notice of the expansion of recognition of 

SGS U.S. Testing Company, Inc., 

(SGSUS) as a Nationally Recognized 

Testing Laboratory (NRTL). The 

expansion covers the use of additional 

test standards. OSHA’s current scope of 

recognition for SGSUS may be found in 

the following informational Web page: 

http://www.osha.gov/dts/otpca/nrtl/ 

sgs.html. 

OSHA recognition of an NRTL 

signifies that the organization has met 

the legal requirements in Section 1910.7 

of Title 29, Code of Federal Regulations 

(29 CFR 1910.7). Recognition is an 

acknowledgment that the organization 

can perform independent safety testing 

and certification of the specific products 

covered within its scope of recognition 

and is not a delegation or grant of 

government authority. As a result of 

recognition, employers may use 

products properly approved by the 

NRTL to meet OSHA standards that 

require testing and certification. 

The Agency processes applications by 

an NRTL for initial recognition or for 

expansion or renewal of this recognition 

following requirements in Appendix A 

to 29 CFR 1910.7. This appendix 

requires that the Agency publish two 

notices in the Federal Register in 

processing an application. In the first 

notice, OSHA announces the 

application and provides its preliminary 

finding and, in the second notice, the 

Agency provides its final decision on 

the application. These notices set forth 

the NRTL’s scope of recognition or 

modifications of that scope. We 

maintain an informational Web page for 

each NRTL that details its scope of 

recognition. These pages can be 

accessed from our Web site at http:// 

www.osha.gov/dts/otpca/nrtl/ 

index.html. 

SGSUS applied on September 28, 

2005, for expansion of its recognition to 

add seven test standards to its scope 

(see Exhibit 18–2, as cited in the 

preliminary notice). The NRTL Program 

staff determined that each of these 

standards is an ‘‘appropriate test 

standard’’ within the meaning of 29 CFR 

1910.7(c). OSHA staff performed an onsite visit of the NRTL’s Fairfield site in 

September 2005. Based on this visit, in 

February 2006, the staff recommended 

the expansion to include the seven 

additional test standards (see Exhibit 

18–4, as cited in the preliminary notice). 

Therefore, OSHA is approving these test 

standards for the expansion. 

The preliminary notice announcing 

the expansion application and the 

SGSUS renewal application was 

published in the Federal Register on 

October 6, 2006 (71 FR 59131). 

Comments were requested by October 

23, 2006, but no comments were 

received in response to this notice. 

However, publication of the final notice 

has been delayed to address matters 

unrelated to the expansion, which 

OSHA is now granting through this final 

notice. The renewal application will be 

the subject of a future notice. 

The most recent application 

processed by OSHA specifically related 

to the recognition of SGSUS granted an 

expansion, and the final notice for this 

expansion was published on May 12, 

2000 (65 FR 30638). 

You may obtain or review copies of 

all public documents pertaining to the 

SGSUS application by contacting the 

Docket Office, Occupational Safety and 

Health Administration, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Room N–2625, Washington, DC 

20210. Docket No. OSHA–2006–0040 

(formerly NRTL2–90) contains all 

materials in the record concerning the 

recognition of SGSUS. 

The current address of the SGSUS 

facility (site) already recognized by 

OSHA is: SGS U.S. Testing Company, 

Inc., 291 Fairfield Avenue, Fairfield, 

New Jersey 07004. 

Final Decision and Order 

NRTL Program staff has examined the 

application, the assessor’s 

recommendation, and other pertinent 

information. Based upon this 

examination and the assessor’s 

recommendation, OSHA finds that 

SGSUS has met the requirements of 29 

CFR 1910.7 for expansion of its 

recognition, subject to the limitation 

and conditions listed below. Pursuant to 

the authority in 29 CFR 1910.7, OSHA 

hereby expands the recognition of 

SGSUS, subject to this limitation and 

these conditions. 

Limitation 

OSHA limits the expansion of 

recognition of SGSUS to testing and 


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