Federal Register Vol. 70, No. 211Wednesday, November 2, 2005Notices

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Federal Register Vol. 70, No. 211Wednesday, November 2, 2005Notices Powered By Docstoc
					     66468                    Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices

     beneficiaries would have a means to                        Agency: Occupational Safety and                    (c)(5)(i)(B), and (c)(5)(i)(C) of this
     obtain the documents without                            Health Administration.                                section are documented by the employer
     requesting them from the plan                              Type of Review: Extension of                       and are made available to each
     administrator. The new section 104(a)(6)                currently approved collection.                        employee who enters a permit space or
     authorizes the Department to request                       Title: Permit-Required Confined                    to that employee’s authorized
     these documents on behalf of plan                       Spaces (29 CFR 1910.146).                             representative.
     participants and beneficiaries.                            OMB Number: 1218–0203.                                Under paragraph (c)(5)(ii)(H) of
                                                                Frequency: On occasion.                            § 1910.146, the employer is required to
     Ira L. Mills,                                              Type of Response: Recordkeeping and                verify that the space is safe for entry and
     Departmental Clearance Officer.                         Third party disclosure.                               that the pre-entry measures required by
     [FR Doc. 05–21842 Filed 11–1–05; 8:45 am]                  Affected Public: Business or other for-            paragraph (c)(5)(ii) of this section have
     BILLING CODE 4510–23–P                                  profit; Not-for-profit institutions;                  been taken, using a written certification
                                                             Federal Government; and State, Local,                 that contains the date, the location of
                                                             or Tribal Government.                                 the space, and the signature of the
     DEPARTMENT OF LABOR                                        Number of Respondents: 238,853.                    person providing the certification. The
                                                                Number of Annual Responses:                        certification is to be made before entry
     Office of the Secretary                                 9,124,977.                                            and is required to be made available to
                                                                Estimated Time Per Response: Varies                each employee entering the space or to
     Submission for OMB Review:
                                                             from 1 minute to maintain a certificate               that employee’s authorized
     Comment Request
                                                             to 16 hours to develop a written permit               representative.
     October 31, 2005.                                       space entry program.                                     Section 1910.146(c)(7)(iii) requires the
        The Department of Labor (DOL) has                       Total Burden Hours: 1,523,763.                     employer to document the basis for
     submitted the following public                             Total Annualized capital/startup
                                                                                                                   determining that all hazards in a permit
     information collection requests (ICRs) to               costs: $0.
                                                                                                                   space have been eliminated using a
     the Office of Management and Budget                        Total Annual Costs (operating/
                                                                                                                   certification that contains the date, the
     (OMB) for review and approval in                        maintaining systems or purchasing
                                                                                                                   location of the space, and the signature
     accordance with the Paperwork                           services): $.
                                                                Description: 29 CFR 1910.146                       of the person making the determination.
     Reduction Act of 1995 (Pub. L. 104–13,                                                                        The certification is to be made available
     44 U.S.C. chapter 35). A copy of each                   specifies a number of collections of
                                                             information requirements. The                         to each employee entering the space or
     ICR, with applicable supporting                                                                               to that employee’s authorized
     documentation, may be obtained by                       collections of information are used by
                                                             employers and employees whenever                      representative.
     contacting Darrin King on 202–693–                                                                               Section 1910.146(c)(8)(i) requires that
     4129 (this is not a toll-free number) or                entry is made into permit-required
                                                                                                                   the employer inform the contractor that
     e-mail: king.darrin@dol.gov.                            confined spaces. The following sections
                                                                                                                   the workplace contains permit spaces
        Comments should be sent to Office of                 describe who uses the information
                                                                                                                   and that permit space entry is allowed
     Information and Regulatory Affairs,                     collected under each requirement, as
                                                                                                                   only through compliance with a permit
     Attn: OMB Desk Officer for the                          well as how they use it. The purpose of
                                                                                                                   space program meeting the requirements
     Occupational Safety and Health                          the information is to ensure that
                                                                                                                   of this section. Section 1910.146(c)(8)(ii)
     Administration (OSHA), Office of                        employers systematically evaluate the
                                                                                                                   requires that the employer apprise the
     Management and Budget, Room 10235,                      dangers in permit spaces before entry is
                                                                                                                   contractor of the elements, including the
     Washington, DC 20503, 202–395–7316                      attempted and to ensure that adequate
                                                                                                                   hazards identified and the host
     (this is not a toll-free number), within                measures are taken to make the spaces
                                                                                                                   employer’s experience with the space,
     30 days from the date of this publication               safe for entry. In addition, the
                                                                                                                   that make the space in question a permit
     in the Federal Register.                                information is needed to determine,
                                                                                                                   space. Section 1910.146(c)(8)(iii)
        The OMB is particularly interested in                during an OSHA inspection by a
                                                                                                                   requires that the employer apprise the
     comments which:                                         compliance safety and health officer, if
                                                                                                                   contractor of any precautions or
        • Evaluate whether the proposed                      employers are in compliance with the
                                                                                                                   procedures that the host employer has
     collection of information is necessary                  Standard.
                                                                Section 1910.146(c)(2) requires the                implemented for the protection of
     for the proper performance of the                                                                             employees in or near permit spaces
     functions of the agency, including                      employer to post danger signs to inform
                                                             exposed employees of the existence and                where contractor personnel will be
     whether the information will have                                                                             working. Section 1910.146(c)(8)(v)
     practical utility;                                      location of, and the danger posed by,
                                                                                                                   requires the employer to debrief the
        • Evaluate the accuracy of the                       permit spaces.
                                                                Section 1910.146(c)(4) requires the                contractor at the conclusion of the entry
     agency’s estimate of the burden of the
                                                             employer to develop and implement a                   operations regarding the permit space
     proposed collection of information,
                                                             written ‘‘permit space program’’ if the               program followed and regarding any
     including the validity of the
                                                             employer decides that its employees                   hazards confronted or created in permit
     methodology and assumptions used;
        • Enhance the quality, utility, and                  will enter permit spaces. The written                 spaces during entry operations.1
     clarity of the information to be                        program is to be made available for                      Section 1910.146(c)(9)(iii) requires
     collected; and                                          inspection by employees and their                     that the contractor inform the host
        • Minimize the burden of the                         authorized representatives. Section                   employer of the permit space program
     collection of information on those who                  1910.146(d) provides the employer with                  1 These sections identify usual and customary
     are to respond, including through the                   the requirements of a permit-required                 communications between employers, contractors,
     use of appropriate automated,                           confined space program (‘‘permit space                and employees; therefore, they do not impose
     electronic, mechanical, or other                        program’’) required under this                        burden hours or costs on the employer. For
     technological collection techniques or                  paragraph.                                            example, as a matter of business practice,
                                                                                                                   information about hazards and permit-required
     other forms of information technology,                     Section 1910.146(c)(5)(i)(E) requires              confined spaces, etc., would be conveyed to
     e.g., permitting electronic submission of               that the determinations and supporting                contractors during initial discussions of work to be
     responses.                                              data specified by paragraphs (c)(5)(i)(A),            performed.



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                              Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices                                             66469

     that the contractor will follow and of                  kept at the worksite, that the employer               certification record also provides the
     any hazards confronted or created in                    make the MSDS or written information                  most efficient means for the compliance
     permit spaces, either through a                         available to the medical facility treating            officers to determine that an employer is
     debriefing or during the entry                          the exposed entrant.5                                 complying with the Standard.
     operation.2                                                Section 1910.146(l)(2) requires that
                                                                                                                   Ira L. Mills,
        Section 1910.146(d)(5)(vi) requires the              employers make all information
     employer to immediately provide each                                                                          Departmental Clearance Officer.
                                                             required to be developed by this section
     authorized entrant or that employee’s                   available to affected employees and                   [FR Doc. 05–21843 Filed 11–1–05; 8:45 am]
     authorized representative with the                      their authorized representatives.6                    BILLING CODE 4510–26–P
     results of any testing conducted in                        Agency: Occupational Safety and
     accordance with paragraph (d) of this                   Health Administration.
     section.3                                                                                                     DEPARTMENT OF LABOR
                                                                Type of Review: Extension of
        Section 1910.146(e)(1) requires the                  currently approved collection.                        Mine Safety and Health Administration
     employer to document the completion                        Title: Vehicle-Mounted Elevating and
     of measures required by paragraph (d)(3)                Rotating Work Platforms (Aerial Lifts)                Petitions for Modification
     by preparing an entry permit before                     (29 CFR 1910.67).
     employee entry is authorized. Paragraph                    OMB Number: 1218–0230.                               The following parties have filed
     (f) of § 1910.146 specifies the                            Frequency: On occasion.                            petitions to modify the application of
     information to be included on the entry                    Type of Response: Recordkeeping and                existing safety standards under section
     permit. Paragraph (e)(3) requires that the              Third party disclosure.                               101(c) of the Federal Mine Safety and
     employer make the completed permit                         Affected Public: Business or other for-            Health Act of 1977.
     available at the time of entry to all                   profit; Not-for-profit institutions;                  1. Kennecott Energy Company
     authorized entrants by posting the                      Federal Government; and State, Local,
     permit at the entry portal or by any                                                                          [Docket No. M–2005–071–C]
                                                             or Tribal Government.
     other equally effective means, so that                                                                           Kennecott Energy Company, 748 T–7
                                                                Number of Respondents: 1,000.
     the entrants can confirm that pre-entry                                                                       Road (82718), P.O. Box 1449, Gillette,
                                                                Number of Annual Responses: 1,014.
     preparations have been completed.                                                                             Wyoming 82717–1449 has filed a
                                                                Estimated Time Per Response: Varies
     Paragraph (e)(6) requires the employer                                                                        petition to modify the application of 30
                                                             from 1 minute to maintain the
     to retain each canceled entry permit for                                                                      CFR 77.803 (Fail safe ground check
                                                             manufacturer’s certification record to 2
     at least one year.                                                                                            circuits on high-voltage resistance
                                                             minutes to disclose it to an OSHA
        Section 1910.146(g)(4) requires that                                                                       grounded systems) to its Cordero-Rojo
                                                             Compliance Officer.
     the employer certify that the training                                                                        Mine (MSHA I.D. No. 48–00992), Jacobs
                                                                Total Burden Hours: 21.
     required by paragraphs (g)(1) through                                                                         Ranch Mine (MSHA I.D. No. 48–00997)
                                                                Total Annualized capital/startup
     (g)(3) 4 has been accomplished by                                                                             located in Campbell County, Wyoming;
                                                             costs: $0.                                            Antelope Mine (MSHA I.D. No. 48–
     preparing a written certification record.                  Total Annual Costs (operating/
        Section 1910.146(k)(1)(iv) requires                                                                        01337) located in Converse County,
                                                             maintaining systems or purchasing                     Wyoming; Spring Creek Mine (I.D. No.
     that the employer inform each rescue                    services): $0.
     team or service of the hazards they may                                                                       24–01457) located in Bighorn County,
                                                                Description: OSHA’s Vehicle-                       Montana; and Colowyo Coal Mine
     confront when called on to perform                      Mounted Elevating and Rotating Work
     rescue at the site.                                                                                           (MSHA I.D. No. 05–02962) located in
                                                             Platforms Standard (29 CFR 1910.67)                   Moffat County, Colorado. The petitioner
        Section 1910.146(k)(2)(ii) requires
                                                             (the ‘‘Standard’’) specifies one                      requests a modification of the existing
     that the employer train affected
                                                             paperwork requirement.                                standard to permit an alternative
     employees to perform assigned rescue
                                                                Manufacturer’s Certification of                    method of compliance when the boom/
     duties. The employer must ensure that
                                                             Modification (paragraph (b)(2)). The                  mast is raised or lowered during
     such employees successfully complete
                                                             Standard requires that when aerial lifts              necessary repairs. The petitioner has
     the training required to establish
                                                             are ‘‘field modified’’ for uses other than            listed specific procedures in this
     proficiency as an authorized entrant, as
                                                             those intended by the manufacturer, the               petition that will be followed when the
     provided by paragraphs (g) and (h) of
                                                             manufacturer or other equivalent entity,              alternative method is implemented. The
     this section. Section 1910.146(k)(2)(iii)
                                                             such as a nationally recognized testing               petitioner asserts that the proposed
     requires that the employer train affected
                                                             laboratory, must certify in writing that              alternative method would provide at
     employees in basic first-aid and
                                                             the modification is in conformity with                least the same measure of protection as
     cardiopulmonary resuscitation (CPR).
                                                             all applicable provisions of ANSI                     the existing standard.
     The employer shall ensure that at least
                                                             A92.2–1969 and the OSHA Standard
     one member of the rescue team or                                                                              Request for Comments
                                                             and that the modified aerial lift is at
     service holding a current certification in
                                                             least as safe as the equipment was                      Persons interested in these petitions
     first aid and CPR is available.
                                                             before modification. Employers are to                 are encouraged to submit comments via
        Section 1910.146(k)(4) requires that if
                                                             maintain the certification record and                 E-mail: zzMSHA-Comments@dol.gov;
     an injured entrant is exposed to a
                                                             make it available to OSHA compliance                  Fax: (202) 693–9441; or Regular Mail/
     substance for which a Material Safety
                                                             officers. This record provides assurance              Hand Delivery/Courier: Mine Safety and
     Data Sheet (MSDS) or other similar
                                                             to employers, employees, and                          Health Administration, Office of
     written information is required to be
                                                             compliance officers that the aerial lift is           Standards, Regulations, and Variances,
       2 See footnote 1.
                                                             safe for use, thereby preventing failure              1100 Wilson Boulevard, Room 2350,
       3 See footnote 1.                                     while employees are being elevated. The               Arlington, Virginia 22209. All
       4 The Agency concludes that the training required                                                           comments must be postmarked or
                                                               5 The burden hours and cost for MSDS
     under § 1910.146(g)(1) through (g)(3) and (k)(2)(ii)                                                          received in that office on or before
     and (k)(2)(iii) § 1910.146(k) is written in             accessibility is taken under OMB Control Number
     performance-oriented language and, thus, not            1218–0072 (the Hazard Communication Standard          December 2, 2005. Copies of these
     considered a collection of information under the        (HCS) ICR).                                           petitions are available for inspection at
     implementing rules and guidelines of PRA–95.              6 See footnote 1.                                   that address.


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