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7322 Federal Register / Vol. 73, No.

26 / Thursday, February 7, 2008 / Notices

workers and former workers of chemical intermediates to a foreign Pursuant to 29 CFR 90.18(c)
American Woodmark, Hardy County country occurred. reconsideration may be granted under
Plant, Moorefield, West Virginia. The petitioner stated that most of the the following circumstances:
Signed at Washington, DC, this 29th day of subject firm’s sales were for export, (1) If it appears on the basis of facts
January, 2008. however, there were losses in sales to not previously considered that the
Elliott S. Kushner, domestic customers. The petitioner determination complained of was
provided the name of a customer which erroneous;
Certifying Officer, Division of Trade (2) If it appears that the determination
Adjustment Assistance. ceased purchases from the subject firm
in 2005 and at the same time started complained of was based on a mistake
[FR Doc. E8–2236 Filed 2–6–08; 8:45 am] in the determination of facts not
BILLING CODE 4510–FN–P
importing products like or directly
competitive with brominated chemical previously considered; or
(3) If in the opinion of the Certifying
intermediates produced by the subject
Officer, a misinterpretation of facts or of
DEPARTMENT OF LABOR firm.
the law justified reconsideration of the
When assessing eligibility for Trade decision.
Employment and Training Adjustment Assistance (TAA), the The investigation revealed that
Administration Department exclusively considers workers of the subject firm were in
import impact during the relevant time support of production of brominated
[TA–W–62,189]
period (one year prior to the date of the chemical intermediates at Diaz
Diaz Intermediates Corporation, West petition). The Department surveyed Intermediates Corporation, West
Memphis, AR; Notice of Negative customers of the subject firm regarding Memphis, Arkansas. The initial
Determination Regarding Application their purchases of brominated chemical investigation resulted in a negative
for Reconsideration intermediates during the relevant determination which was based on the
period. The survey revealed no imports finding that imports of brominated
By letter dated December 28, 2007, a of brominated chemical intermediates chemical intermediates (i.e.,
company official requested during the relevant period. bromobenzene, m-bromoanisole,
administrative reconsideration n-propyl bromide, and other organics)
regarding the Department’s Negative Conclusion
did not contribute importantly to
Determination Regarding Eligibility to After review of the application and worker separations at the subject plant
Apply for Worker Adjustment investigative findings, I conclude that and no shift of production to a foreign
Assistance, applicable to the workers of there has been no error or source occurred. The ‘‘contributed
the subject firm. The denial notice was misinterpretation of the law or of the importantly’’ test is generally
signed on November 28, 2007 and facts which would justify demonstrated through a survey of the
published in the Federal Register on reconsideration of the Department of workers’ firm’s declining customers.
December 11, 2007 (72 FR 70346). Labor’s prior decision. Accordingly, the The survey revealed customers did not
Pursuant to 29 CFR 90.18(c) application is denied. purchase imports of brominated
reconsideration may be granted under Signed in Washington, DC, this 30th day of chemical intermediates during the
the following circumstances: January 2008. relevant period. The subject firm did not
(1) If it appears on the basis of facts Elliott S. Kushner, import brominated chemical
not previously considered that the intermediates and no shifted in
Certifying Officer, Division of Trade
determination complained of was Adjustment Assistance. production of brominated chemical
erroneous; intermediates to a foreign country
[FR Doc. E8–2237 Filed 2–6–08; 8:45 am]
(2) If it appears that the determination occurred.
BILLING CODE 4510–FN–P
complained of was based on a mistake The petitioner stated that most of the
in the determination of facts not subject firm’s sales were for export, and
previously considered; or DEPARTMENT OF LABOR that there were losses in sales to
(3) If in the opinion of the Certifying domestic customers. The petitioner
Officer, a misinterpretation of facts or of Employment and Training provided the name of a customer which
the law justified reconsideration of the Administration ceased purchases from the subject firm
decision. in 2005 and at the same time started
The initial investigation resulted in a importing products like or directly
[TA–W–62,207]
negative determination which was competitive with brominated chemical
based on the finding that imports of Diaz Intermediates Corporation, intermediates produced by the subject
brominated chemical intermediates (i.e. Brockport, NY; Notice of Negative firm.
bromobenzene, m-bromoanisole, Determination Regarding Application When assessing eligibility for TAA,
n-propyl bromide, and other organics) for Reconsideration the Department exclusively considers
did not contribute importantly to import impact during the relevant time
worker separations at the subject plant By application dated December 28, period (one year prior to the date of the
and no shift of production to a foreign 2007, a company official requested petition). The Department surveyed
source occurred. The ‘‘contributed administrative reconsideration of the customers of the subject firm regarding
importantly’’ test is generally Department’s negative determination their purchases of brominated chemical
demonstrated through a survey of the regarding eligibility to apply for Trade intermediates during the relevant
workers’ firm’s declining customers. Adjustment Assistance (TAA), period. The survey revealed no imports
The survey revealed customers did not applicable to workers and former of brominated chemical intermediates
jlentini on PROD1PC65 with NOTICES

purchase imported brominated chemical workers of the subject firm. The denial during the relevant period.
intermediates during the relevant notice was signed on November 28,
period. The subject firm did not import 2007 and published in the Federal Conclusion
brominated chemical intermediates and Register on December 11, 2007 (72 FR After review of the application and
no shifted in production of brominated 70346). investigative findings, I conclude that

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

there has been no error or Standards, Regulations, and Variances II. Petitions for Modification
misinterpretation of the law or of the on or before March 10, 2008. Docket Number: M–2007–073–C.
facts which would justify ADDRESSES: You may submit your Petitioner: B & B Coal Company, 225
reconsideration of the Department of comments, identified by ‘‘docket East Main Street, Joliett, Pennsylvania
Labor’s prior decision. Accordingly, the number’’ on the subject line, by any of 17981.
application is denied. the following methods: Mine: B & B Rockridge Slope, MSHA
Signed in Washington, DC, this 30th day of 1. Electronic Mail: Standards- I.D. No. 36–07741, located in Schuylkill
January, 2008. Petitions@dol.gov. County, Pennsylvania.
Elliott S. Kushner, 2. Facsimile: 1–202–693–9441. Regulation Affected: 30 CFR 75.311(a)
Certifying Officer, Division of Trade 3. Regular Mail: MSHA, Office of (Main mine fan operation).
Adjustment Assistance. Standards, Regulations, and Variances, Modification Request: The petitioner
[FR Doc. E8–2238 Filed 2–6–08; 8:45 am] 1100 Wilson Boulevard, Room 2349, requests a modification of the existing
BILLING CODE 4510–FN–P Arlington, Virginia 22209, Attention: standard to allow the main mine fan to
Patricia W. Silvey, Director, Office of be idle during non-working hours. The
Standards, Regulations, and Variances. petitioner states that historically, the
DEPARTMENT OF LABOR 4. Hand-Delivery or Courier: MSHA, main mine fan operation has been shut
Office of Standards, Regulations, and down during non-working shifts,
Employment and Training Variances, 1100 Wilson Boulevard, because of icing during the winter
Administration Room 2349, Arlington, Virginia 22209, months. The petitioner proposes to use
[TA–W–62,668] Attention: Patricia W. Silvey, Director, the following stipulations in the fan
Office of Standards, Regulations, and stoppage plan: (1) Shut the main mine
Conrad Forest Products, Conrad Variances. fan down during idle periods; (2) no
Forest Products, North Bend, OR; We will consider only comments mechanized equipment will be used
Notice of Termination of Investigation postmarked by the U.S. Postal Service or underground; (3) no electric power
proof of delivery from another delivery circuits enter the underground mine; (4)
Pursuant to Section 221 of the Trade
service such as UPS or Federal Express the main mine fan will be operated for
Act of 1974, as amended, an
on or before the deadline for comments. a minimum of one-half hour after the
investigation was initiated on January
Individuals who submit comments by pressure recorder indicates that the
11, 2008 in response to a worker
hand-delivery are required to check in normal mine ventilating pressure has
petition filed by a company official on
at the receptionist desk on the 21st been reached prior to anyone entering
behalf of workers at Conrad Forest
floor. the mine; (5) the mine battery
Products, North Bend, Oregon.
The petitioner has requested that the Individuals may inspect copies of the locomotive may be used to make the
petition be withdrawn. Consequently, petitions and comments during normal required pre-shift examination; (6) the
the investigation has been terminated. business hours at the address listed communication circuit 9-volts will be
above. energized prior to the pre-shift being
Signed at Washington, DC this 29th day of made; (7) a certified person will conduct
January 2008. FOR FURTHER INFORMATION CONTACT: an examination of the entire mine
Richard Church, Edward Sexauer, Chief, Regulatory according to the requirements in 30 CFR
Certifying Officer, Division of Trade Development Division at 202–693–9444 75.360; and (8) persons will be allowed
Adjustment Assistance. (Voice), sexauer.edward@dol.gov (E- to enter the mine after it is determined
[FR Doc. E8–2232 Filed 2–6–08; 8:45 am] mail), or 202–693–9441 (Telefax), or to be safe and the pre-shift examination
BILLING CODE 4510–FN–P contact Barbara Barron at 202–693–9447 results have been recorded. The
(Voice), barron.barbara@dol.gov (E- petitioner further states that repeated
mail), or 202–693–9441 (Telefax). testing of methane concentrations have
DEPARTMENT OF LABOR [These are not toll-free numbers.] shown that concentration levels have at
SUPPLEMENTARY INFORMATION: no time risen above 0.0 percent. The
Mine Safety and Health Administration
petitioner asserts that the proposed
I. Background
Petitions for Modification alternative method would provide at
Section 101(c) of the Federal Mine least the same measure of protection as
AGENCY: Mine Safety and Health Safety and Health Act of 1977 (Mine the existing standard.
Administration, Labor. Act) allows the mine operator or Docket Number: M–2007–074–C.
ACTION: Notice of petitions for representative of miners to file a Petitioner: KenAmerican Resources,
modification of existing mandatory petition to modify the application of any Inc., 7590 State Route 181, Central City,
safety standards. mandatory safety standard to a coal or Kentucky 42330.
other mine if the Secretary determines Mine: Paradise Mine, MSHA I.D. No.
SUMMARY: Section 101(c) of the Federal that: (1) An alternative method of 15–17741, located in Muhlenberg
Mine Safety and Health Act of 1977 and achieving the result of such standard County, Kentucky.
30 CFR Part 44 govern the application, exists which will at all times guarantee Regulation Affected: 30 CFR 75.350
processing, and disposition of petitions no less than the same measure of (Belt air course ventilation).
for modification. This notice is a protection afforded the miners of such Modification Request: The petitioner
summary of petitions for modification mine by such standard; or (2) that the proposes to develop two inner seam
filed by the parties listed below to application of such standard to such slopes from the No. 11 coal seam to the
modify the application of existing mine will result in a diminution of No. 9 coal seam, vertically a distance of
jlentini on PROD1PC65 with NOTICES

mandatory safety standards published safety to the miners in such mine. In approximately 110 feet. The petitioner
in Title 30 of the Code of Federal addition, the regulations at 30 CFR states that: (1) The slopes are designed
Regulations. 44.10 and 44.11 establish the at a nine degree slope for a total
DATES: All comments on the petitions requirements and procedures for filing distance of 1,000 feet; (2) as an
must be received by the Office of petitions for modifications. alternative plan, air locks will be used

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