AGENCY: Department of the Army

OFFICE ADDRESS: US Army Corps of Engineers, Huntsville, P. O. Box 1600, Huntsville, AL 35807-4301

SUBJECT: This notice was originally posted under solicitation number W912DY09T0111; the due date for responses remains as stated in the original notice.

CLASSIFICATION CODE: 00 - None

SOLICITATION NUMBER: W912DY09T0011

CONTACT: chaquandra, 256-895-1897 mailto:chaquandra.k.wilson@usace.army.mil [US Army Corps of Engineers, Huntsville]

SETASIDE: N/A

NOTICE TEXT: Department of the Army U.S. Army Corps of Engineers U.S. Army Engineer District, Huntsville NOTICE OF INTENT W912DY09T0011: Due to lack of other known sources the U.S. Army Engineering and Support Center, Huntsville, AL intends to award a sole source purchase order to RYCAM for a 40 hour classroom and water based instruction course in diving techniques, diving equipment, the work diving environment, diving supervision procedures, and emergency procedures. Attendees for this course will be (a maximum of) 25 United States Army Corps of Engineers (USACE) employees. The period of performance of these services consist of two sessions held at the contractors facility: Session 09-01 will be held 1-5 DEC 2008 and Session 09-02 will be 08-12 DEC 2008. The following course requirements are not all inclusive of what will be required from the contractor:. 1.1. The U.S. Army Corps of Engineers requires the use of Surface Air Supply (SAS) as the primary mode of diving. The contractor shall emphasize SAS diving throughout this course. 1.2. Dive safety requirements and water exercises simulating working diver activities shall be based on U.S. Army Corps of Engineers regulations and actual work requirements of Civil Works Infrastructure maintenance (on locks, dams, powerhouses) and those associated with underwater construction, vessel maintenance, and surveys. 2. Special Course/Location Conditions: 2.1. Weather conditions must be conducive to learning: Ambient air temperature above 55 degrees F for outdoor activities. 2.2. Compressor systems (high and low pressure) providing air for divers must have been tested for quality IAW U.S. Navy and USACE standards within six months prior to the course. Certification must be on hand for review by government representative. 3. Contractor Provided Facilities 3.1. The contractor shall provide modern conventional classroom space, including a single classroom with a minimum capacity of 30 students and at least two additional classrooms for breakout meetings. All classrooms shall be equipped with state-of-the-art audiovisual systems. Diving Safety Administrator/ Refresher students must participate in at least one day of actual diving operations in a quality assurance mode. These students are not actual divers, but are diving managers and inspectors. The contractor shall provide a sheltered open water training area at least 20 ft. deep, capable of supporting simulations of actual working SCUBA and SAS dive station operations for these students to perform inspections and oversight duties of the dive teams. The following equipment must be provided as needed, in accordance with EM 385-1-1 3.1.1.1. Fire extinguishers 3.1.1.2. Backboard and Stokes litters 3.1.1.3. Ground Fault Circuit Interrupters 110v 3.1.1.4. Emergency communications 3.1.1.5. Diving flags 3.1.1.6. American Red Cross First Aid Manuals 3.1.1.7. Personal Flotation Devices (Type III or V for each student) 3.1.1.8. Activity Hazard Analysis in accordance with 385-1-1 for each major training activity 3.1.2. Dive teams performing demonstrations must be equipped and perform work in compliance with EM 385-1-1 except where deliberate noncompliance is presented for learning purposes. 3.1.3. The contractor shall provide the following special exercises: 3.1.4. Demonstration of an actual recompression chamber operation with a simulated diving accident victim. 3.1.5. Exercise for students to plan and conduct mobile dive operations at remote work diving venues. 3.1.6. Participation in and completion of all these exercises are mandatory for all students and required for successful completion of course. 3.1.7. The contractor shall assure accurate records of exposure times in open water dives are maintained on Corps of Engineers Diving Logs by each student. 3.1.8. The contractor shall ensure all personnel wear personal flotation devices required by EM-385-1-1. Safety shall be emphasized during all topics of instruction. 3.1.9. The contractor shall assist the government in finding suitable lodging accommodations for the students within 10 miles of primary training facility. 3.1.10. DESCRIPTION: This class consists of both classroom lectures and discussions and open water exercises in dive planning, oversight, and execution involving actual dive operations. The focus is Safety Requirements, Dive Planning, Hazard Analysis, Risk Management, Emergency Management and Contract Administration, particularly as a function of the Project Management Business Process. Sessions pertinent to underwater diving operations will include, but are not limited to, the following topics: diving physics, diving physiology, diving medicine, modern diving systems and support equipment, SCUBA equipment and operations, surface supplied air equipment and operations, decompression principles & associated tables, diving accident management techniques, working dive planning, diver supervision principles and practices and preparation and use of Activity Hazard Analysis, USACE, OSHA, and US Navy diving regulations. 3.2. Instructors must be qualified by education and experience in one or more aspects of SCUBA and SAS diving, accident management, diving supervision, and diving medicine. As a team, they must be qualified to cover all technical areas. 3.2.1. Each instructor shall have instructed at least 100 hours per year for at least three of the past five years in a recognized and organized course of instruction in SCUBA and/or SAS diving, to include education and experience in accident management, diving supervision, and diving medicine. Total experience of all instructors shall encompass all areas of experience requirements cited in the Statement of Work. 3.2.2. Each instructor shall have a minimum of ten years experience in work diving safety. Work diving experience must be in operations with similar hazards, tasks, and equipment to USACE dive operations. THIS IS NOT A FORMAL SOLICITATION. Contractors who feel they can provide the U.S. Army Engineering & Support Center, Huntsville, AL, with the above services are invited to submit in writing an affirmative response which includes firms capability, evidence of experience, and any information indicating a bona fide ability to meet this specific requirement. The contractor shall provide a minimum of four (4) instructors. Submitted resumes shall address the requirements stated above in section 3.2: All responsible sources may submit a capability statement response (including a price quotation) to this announcement and all such responses will be considered by the agency. If no written responses are received by 07 November 2008 by 5:00 PM central time, the Government intends to continue with the sole source award of the requirement stated above to RYCAM. Written responses should be submitted via email or faxed to Contract Specialist Chaquandra Wilson at email address Chaquandra.K.wilson@usace.army.mil or fax number 256-895-1197. All interested parties should provide company Duns Number, Tax Identification Number and Cage Code. All interested sources must be registered in the Central Contractor Registration (CCR) before they can be considered as potential sources for the efforts listed above..

INTERNET ADDRESS: https://www.fbo.gov/spg/USA/COE/DACA87/W912DY09T0011/listing.html Provided by Federal Information & News Dispatch, Inc. (FIND) 202-429-5944

 256-895-1897

ADDRESSES: You may submit your comments, identified by "docket number" on the subject line, by any of the following methods:

[Page Number 54434]

1. Electronic Mail: Standards-Petitions@dol.gov.

2. Facsimile: 1-202-693-9441.

3. Regular Mail: MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 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 2350, Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances.

MSHA 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: Barbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (Voice), barron.barbara@dol.gov (E- mail), or 202-693-9441 (Telefax). [These are not toll-free numbers].

SUPPLEMENTARY INFORMATION: 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-2008-039-C through M-2008-043-C.

Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, PA 15650.

Mine: Dora 8 Mine, MSHA I.D. No. 36-08704, located in Jefferson County, Pennsylvania; Ondo Extension Mine, MSHA I.D. No. 36-09005, Nolo Mine, MSHA I.D. No. 36-08850, Gillhouser Run Mine, MSHA I.D. No. 36-09033, all located in Indiana County, Pennsylvania; and Madison Mine, MSHA I.D. No. 36-09127, located in Cambria County, Pennsylvania.

Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray systems).

Modification Request: The petitioner requests a modification of the existing standard to permit the use of deluge-type water spray systems installed at belt conveyor drives in lieu of using blow-off dust covers. The petitioner proposes to have a person who is trained in the testing procedure specific to the deluge-type water spray fire suppression systems conduct examinations on a weekly basis as follows: (1) Conduct a visual examination of each deluge-type water spray fire suppression system; (2) conduct a functional test of each deluge-type water spray system fire suppression system and observe its performance weekly instead of annually; and (3) record the results of the examination and functional test in a book maintained on the surface, which would be retained and made available to the authorized representative of the Secretary. The petitioner states that: (1) Any malfunction or clogged nozzle detected as a result of the weekly examination or functional test will be corrected immediately; (2) the proposed alternative will provide a greater measure of protection because the weekly functional tests will ensure that the system functions properly and that all deluge-type nozzles respond as designed with adequate pressure and flow rates; and (3) the methods and conditions in this petition will be included in the initial and annual refresher training as required in its approved Part 48 training plans to ensure that the miners are aware of the stipulations contained in the petition. The petitioner asserts that the proposed alternative method at all times guarantees no less than the same measure of protection afforded by the standard.

Docket Number: M-2008-002-M.

Petitioner: East Tennessee Zinc Company, LLC, P.O. Box 160, 2421 W. Old Andrew Johnson Highway, Strawberry Plains, TN 37871.

Mine: Coy Mine, MSHA I.D. No. 40-00166 and Young Mine, MSHA I.D. No. 40- 00168, both located in Jefferson County, Tennessee; and Immel Mine, MSHA I.D. No. 40-00170, located in Knox County, Tennessee.

Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).

Modification Request: The petitioner requests a modification of the existing standard related to compressed air lines, water lines, suitable hand tools, and stopping materials to permit an alternative method of compliance to use self-supporting refuge chambers. The petitioner states that: (1) The refuge chambers presently used (Strata Safety Mine Refuge Chamber) contain an internal air supply with a carbon dioxide scrubber; (2) in the event of main power failure, the unit has a built in battery back-up, which will operate for a minimum of 48 hours; (3) the chambers have enough food, water and bathroom facilities for the designated occupancy; and (4) the chambers meet the intent of the proposed rules for refuge alternatives for underground coal mines even though they are being utilized in an underground metal mine. The petitioner further states that: (1) The chambers are used in a non-combustible environment so the control systems are electrical; (2) by allowing the use of refuge chambers that do not require air and water lines to be connected, there will be greater flexibility in usage location; (3) flexibility will allow the refuge chambers to be relocated quickly to working areas as the work face advances; and (4) by having air and water inside the chamber, there is minimal opportunity for damage to these services from normal mining operations (i.e. scaling, blasting, etc.) thus making them a safety improvement. The petitioner asserts that the alternative method would provide the same degree of safety as the existing standard.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

[FR Doc. E8-21897 Filed 9-18-08; 8:45 am]

BILLING CODE 4510-43-P

Vol. 73, No. 183

Notices

ADDRESSES: You may submit your comments, identified by "docket number" on the subject line, by any of the following methods:

1. Electronic Mail: Standards-Petitions@dol.gov.

2. Facsimile: 1-202-693-9441.

3. Regular Mail: MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 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 2350, Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances.

MSHA 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: Barbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (Voice), barron.barbara@dol.gov (E-mail), or 202-693-9441 (Telefax). [These are not toll-free numbers].

SUPPLEMENTARY INFORMATION: 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-2008-039-C through M-2008-043-C.

Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, PA 15650.

Mine: Dora 8 Mine, MSHA I.D. No. 36-08704, located in Jefferson County, Pennsylvania; Ondo Extension Mine, MSHA I.D. No. 36-09005, Nolo Mine, MSHA I.D. No. 36-08850, Gillhouser Run Mine, MSHA I.D. No. 36-09033, all located in Indiana County, Pennsylvania; and Madison Mine, MSHA I.D. No. 36-09127, located in Cambria County, Pennsylvania.

Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray systems).

Modification Request: The petitioner requests a modification of the existing standard to permit the use of deluge-type water spray systems installed at belt conveyor drives in lieu of using blow-off dust covers. The petitioner proposes to have a person who is trained in the testing procedure specific to the deluge-type water spray fire suppression systems conduct examinations on a weekly basis as follows: (1) Conduct a visual examination of each deluge-type water spray fire suppression system; (2) conduct a functional test of each deluge-type water spray system fire suppression system and observe its performance weekly instead of annually; and (3) record the results of the examination and functional test in a book maintained on the surface, which would be retained and made available to the authorized representative of the Secretary. The petitioner states that: (1) Any malfunction or clogged nozzle detected as a result of the weekly examination or functional test will be corrected immediately; (2) the proposed alternative will provide a greater measure of protection because the weekly functional tests will ensure that the system functions properly and that all deluge-type nozzles respond as designed with adequate pressure and flow rates; and (3) the methods and conditions in this petition will be included in the initial and annual refresher training as required in its approved Part 48 training plans to ensure that the miners are aware of the stipulations contained in the petition. The petitioner asserts that the proposed alternative method at all times guarantees no less than the same measure of protection afforded by the standard.

Docket Number: M-2008-002-M.

Petitioner: East Tennessee Zinc Company, LLC, P.O. Box 160, 2421 W. Old Andrew Johnson Highway, Strawberry Plains, TN 37871.

Mine: Coy Mine, MSHA I.D. No. 40-00166 and Young Mine, MSHA I.D. No. 40-00168, both located in Jefferson County, Tennessee; and Immel Mine, MSHA I.D. No. 40-00170, located in Knox County, Tennessee.

Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).

Modification Request: The petitioner requests a modification of the existing standard related to compressed air lines, water lines, suitable hand tools, and stopping materials to permit an alternative method of compliance to use self-supporting refuge chambers. The petitioner states that: (1) The refuge chambers presently used (Strata Safety Mine Refuge Chamber) contain an internal air supply with a carbon dioxide scrubber; (2) in the event of main power failure, the unit has a built in battery back-up, which will operate for a minimum of 48 hours; (3) the chambers have enough food, water and bathroom facilities for the designated occupancy; and (4) the chambers meet the intent of the proposed rules for refuge alternatives for underground coal mines even though they are being utilized in an underground metal mine. The petitioner further states that: (1) The chambers are used in a non-combustible environment so the control systems are electrical; (2) by allowing the use of refuge chambers that do not require air and water lines to be connected, there will be greater flexibility in usage location; (3) flexibility will allow the refuge chambers to be relocated quickly to working areas as the work face advances; and (4) by having air and water inside the chamber, there is minimal opportunity for damage to these services from normal mining operations (i.e. scaling, blasting, etc.) thus making them a safety improvement. The petitioner asserts that the alternative method would provide the same degree of safety as the existing standard.

Patricia W. Silvey,

Director, Office of Standards, Regulations, and Variances.

Notice of petitions for modification of existing mandatory safety standards.

Citation: "73 FR 54433"

Federal Register Page Number: "54433"

"Notices"

Presenting her paper titled, Gender- Based Violence: An Impediment to Human Development, the EXecutive Director of Gender and Child Rights Initiative, Barrister (Mrs.) Chigoziri Orjiaka identified the human violence meted on women in different spheres of life. She said that in most human society, the male is accorded a superior status, role, privileges and opportunities to develop his innate potential and capabilities, while the female is subjected to an inferior subordinate status.

This according to her has resulted to a critical issue of gender equity and sensitivity. She noted that if the negative concept about gender inferiority and superiority is kept aside and human beings treated based on their potentials and hard work, the world will be a better place for all. She however dismissed the notion that gender violence is meted on women alone. To her, gender- based violence is the violence meted out to a man or woman as a result of the peculiarities of his or her being a man or woman.

She said, "Gender-based violence reflects and reinforces inequities between men and women and compromises the health, dignity, security and autonomy of its victims. It encompasses a wide range of human rights violations, including physical and verbal assaults, seXual abuse, rape, domestic violence, seXual assault and harassment, economic threats/deprivations, trafficking in persons, female genital mutilation and several harmful traditional practices. Gender based violence is a pervasive public health and human rights problem throughout the world, but the pattern and prevalence of violence vary from place to another. It affects both men and women in different ways. A lot of articles use gender-based violence interchangeably as if it means violence against women only. This, to my mind, is not so because 'gender-based violence' is addressing the interest of both men and women. Some men are victims of gender -based violence too. Violence against women is very popular and is all about women alone. The men see everything gender as not protecting their own interest."

She called for people to be more gender sensitive by incorporating the interest of all parties to all forms of violence no matter the percentage of persons affected.

Research has shown a direct link between gender-based violence and HIV infection, particularly in young women. It has been acknowledged world wide that gender inequality fuels the AIDS epidemic and poverty worsen the socio-economic impact of the HIV/AIDS. Orjiaka therefore addressed the gender issues involved in HIV infection that would help reduce the spread of HIV/AIDS infection. Part of it is Female Genital Mutilation (FGM). She questioned why FGM is always a violation while male circumcision is not. "The point is that any cultural practice that is harmful to the individual is a violation. Male circumcision brings positive value, because it protects the man from cancer and other disease while female circumcision eXposes the woman to obstructed labour and reduces the seXual pleasure of a woman. The main reason for FGM, according to some tradition, is to reduce the seXual pleasure of a woman so that she will not be promiscuous. This has been proved to have negative effect as it even leads some women into promiscuity instead of stopping them."

Orjiaka, however, proffered some recommendations, that would guard against gender violence. They are prohibition of seXual harassment at the work place through serious sanctions for offenders and compensations for victims, repeal of policies and regulations that violate any particular gender or is discriminatory and enactment of policies that are gender balanced and promote equal opportunity for men and women. She also recommended that gender-based violence should be made an ethical issue so that it could lead to dismissal, demotion, forfeiture of benefits or become actionable by the company against the violator. Staff in-service training should incorporate and propagate gender sensitivity and rights in other to reduce the incidence of GBV. There is also need for research into the economic impact and effect of GBV to ascertain the statistics of economic loss and number of victims of GBV in Nigeria. Finally, she said that companies should join forces to advocate taX eXemptions on funds spent on social and health issues, especially through not-for-profit organisations as a way of encouraging private sector participation in funding of human development issues.

Also presenting a paper, HIV/AIDS as a Social Challenge, Dr. Olusegun Ogboye identified the causes and effects of HIV/AIDS in the society and also made some recommendations. He identified poverty, a wide range of deep-rooted harmful traditional practices (polygamy, wife hospitality and wife inheritance), thriving commercial seX trade, child labour, greed and a lack of female empowerment, as core causative factors of gender violence. Probably the most successful driver of the epidemic, according to him, is stigma and discrimination. He further stated that most PLWHA have eXperienced severe forms of stigma and this often leads them to quietly share out the virus. The use of unscreened blood product, needle sharing and unsterilised sharp object, FMG, scarification, uvulectomy etc, Ogboye said, are still very rampant and contribute to HIV prevalence.

In some of the countries most affected, Ogboye said HIV has reduced life eXpectancy by more than 20 years, slowed economic growth and deepened household poverty. "In sub-Saharan Africa alone, the epidemic has orphaned nearly 12 million children aged less than 18 years. The natural age distribution in many national populations in sub-Saharan Africa has been dramatically skewed by HIV with potentially perilous consequences for the transfer of knowledge and values from one generation to the neXt. At the same time, the epidemic has heightened global consciousness of health disparities, and catalysed unprecedented action to confront some of the world's most serious development. No disease in history has led to a comparable mobilisation of political, financial and human resources, and no development challenge has led to a stronger level of leadership and ownership by the communities and countries most heavily affected."

The effects of the epidemic are far reaching. Ogboye saw the professional class as more vulnerable because adult prevalence rates are already high. According to him, it will affect recruitment and staffing in all sectors. There will be loss of skilled labour, which implies a lot of resources invested in training. "Economists agree that HIV/AIDS will bring about a severe decline in productivity and saving. The epidemic will affect businesses, food supply, livelihoods and the availability of various cadres of professionals. AIDS therefore has a massive, direct effect on the economic growth of most high prevalence countries."

Addressing societal causes of HIV will require sustained progress in reducing human rights violation which includes gender inequality, stigma and discrimination of PLWHA. He advised that women economic dependence should be increased. There should also be legal reforms to recognise women's poverty and inheritance right, as well as rights of the girl to education should be prioritised by governments. NEEDS, SEEDS and Millennium Development Goals (MDGs) need to be taken seriously and progress towards achieving set targets must be monitored. Governments, individuals, corporate organisations and civil society must recognise their roles as part of a continuum of prevention and care and must commit themselves to playing that role. Then can we say that we are winning the war against AIDS.