Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Notices 57099

problems, there may be a significant 

delay in the receipt of comments by 

regular mail. Please contact the OSHA 

Docket Office at (202) 693–2350 (TTY 

(877) 889–5627) for information about 

security procedures concerning the 

delivery of materials by express 

delivery, hand delivery and messenger 

service. 

All comments, submissions and 

background documents are available for 

inspection and copying at the OSHA 

Docket Office at the above address. 

Comments and submissions posted on 

OSHA’s Web page are available at http:/

/www.OSHA.gov. Contact the OSHA 

Docket Office for information about 

materials not available through the 

OSHA Web page and for assistance 

using the Web page to locate docket 

submissions. 

Electronic copies of the Federal 

Register notice as well as other relevant 

documents are available on OSHA’s 

Web page. 

II. Background 

The Department of Labor, as part of its 

continuing effort to reduce paperwork 

and respondent (i.e., employer) burden, 

conducts a preclearance consultation 

program to provide the public with an 

opportunity to comment on proposed 

and continuing information collection 

requirements in accordance with the 

Paperwork Reduction Act of 1995 

(PRA–95) (44 U.S.C. 3506(c)(2)(A)). 

This program ensures that 

information is in the desired format, 

reporting burden (time and costs) is 

minimal, collection instruments are 

clearly understood, and OSHA’s 

estimate of the information collection 

burden is accurate. The Occupational 

Safety and Health Act of 1970 (the Act) 

(29 U.S.C. 651 et seq.) authorizes 

information collection by employers as 

necessary or appropriate for 

enforcement of the Act or for developing 

information regarding the causes and 

prevention of occupational injuries, 

illnesses, and accidents (29 U.S.C. 657). 

Paragraph (a)(11) of OSHA’s Cranes 

and Derricks Standard for Construction 

(§ 1926.550) addresses conditions in 

which a crane or derrick powered by an 

internal-combustion engine is 

exhausting in an enclosed space that 

employees occupy or will occupy. 

Under these conditions, employers must 

record tests made of the breathing air in 

the space to ensure that adequate 

oxygen is available and that 

concentrations of toxic gases are at safe 

levels. 

Establishing a test record allows 

employers to document oxygen levels 

and specific atmospheric contaminants, 

ascertain the effectiveness of controls, 

implement additional controls if 

necessary, and readily provide this 

information to other crews and shifts 

who may work in the enclosed space. 

Accordingly, employers will prevent 

serious injury and death to equipment 

operators and other employees who use 

or work near this equipment in an 

enclosed space. In addition, these 

records provide the most efficient 

means of an OSHA compliance officer 

to determine that an employer 

performed the required tests and 

implemented appropriate controls.

III. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the proposed information 

collection requirements are necessary 

for the proper performance of the 

Agency’s functions, including whether 

the information is useful; 

• The accuracy of OSHA’s estimate of 

the burden (time and costs) of the 

information-collection requirements, 

including the validity of the 

methodology and assumptions used; 

• The equality, utility, and clarity of 

the information collected; and 

• Ways to minimize the burden on 

employers who must comply; for 

example, by using automated or other 

technological information collection 

and transmission techniques. 

IV. Proposed Actions 

OSHA is proposing to extend the 

information collection requirements 

specified by paragraph (a)(11) of 

§ 1926.550. The Agency will summarize 

the comments submitted in response to 

this notice and will include this 

summary in its request to OMB to 

extend the approval of these 

information collection requirements 

contained in the Standard. 

Type of Review: Extension of 

currently approved information 

collection requirements. 

Time: Cranes and Derricks Standards 

for Construction; Recording Tests for 

Toxic Gases and Oxygen-Deficient 

Atmospheres in Enclosed Spaces (29 

CFR 1926.550). 

OMB Number: 1218–0054. 

Affected Public: Business or other forprofit; not-for-profit institutions; Federal 

government; State, local, or Tribal 

governments. 

Number of Respondents: 50 (enclosed 

spaces). 

Frequency of Response: On occasion. 

Total Responses: 50. 

Average Time per Response: Two 

minutes (0.3 hour) to perform 

atmosphere testing and record the 

results. 

Estimated Total Burden Hours: 99 

hours. 

Estimated Cost. (Operation and 

Maintenance): $9,000. 

V. Authority and Signature 

John L. Henshaw, Assistant Secretary 

of Labor for Occupational Safety and 

Health, directed the preparation of this 

notice. The authority for this notice is 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3506 et seq.), and Secretary 

of Labor’s Order No. 5–2002 (67 FR 

65008).

Dated: Signed at Washington, DC on 

September 17, 2004. 

John L. Henshaw, 

Assistant Secretary of Labor.

[FR Doc. 04–21359 Filed 9–22–04; 8:45 am] 

BILLING CODE 4510–26–M

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

Sunshine Act; Meeting 

September 16, 2004.

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

September 23, 2004.

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 consider and act upon 

the following in open session: 

Secretary of Labor v. U.S. Steel 

Mining Co., Docket No. SE 2002–126. 

(Issues include whether the judge 

properly concluded that the operator 

violated 30 CFR 77.404(a), which 

requires equipment to be maintained in 

safe operating condition.) 

Any person attending this meeting 

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 

for TDD Relay / 1–800–877–8339 for toll 

free.

Jean H. Ellen, 

Chief Docket Clerk.

[FR Doc. 04–21483 Filed 9–21–04; 8:45 am] 

BILLING CODE 6735–01–M

OFFICE OF NATIONAL DRUG 

CONTROL POLICY 

Meeting of the Drug Control Research, 

Data, and Evaluation Advisory 

Committee

AGENCY: Office of National Drug Control 

Policy.

57100 Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Notices 

ACTION: Notice of meeting.

SUMMARY: The Drug Control Research, 

Data, and Evaluation Advisory 

Committee will meet to conduct 

ordinary business including discussions 

concerning the long-term and short-term 

planning for potential research projects.

DATES: The meeting will be held 

Wednesday, October 27, 2004 from 10 

a.m. to 5 p.m. and Thursday, October 

28, 2004 from 9 a.m. to 5 p.m. There 

will be an opportunity for public 

comment from 4:30 p.m. to 5 p.m. on 

Wednesday, October 27, 2004.

ADDRESSES: The meeting will be held at 

the Office of National Drug Control 

Policy, 750 17th Street, NW., 5th Floor 

Conference Room, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Janie Dargan, (202) 395–6714.

Dated: September 17, 2004. 

Daniel R. Petersen, 

Assistant General Counsel.

[FR Doc. 04–21327 Filed 9–22–04; 8:45 am] 

BILLING CODE 3180–02–P

NUCLEAR REGULATORY 

COMMISSION 

Radiac Research Corporation, 

Brooklyn, NY; Notice of Issuance of 

Director’s Decision Under 10 CFR 

2.206 

Notice is hereby given that by petition 

dated November 4, 2003, Michael 

Gerrard of Arnold and Porter, 

representing Neighbors Against Garbage 

(the Petitioners), filed a Petition 

pursuant to Title 10 of the Code of 

Federal Regulations, Section 2.206. The 

Petitioners requested that the U.S. 

Nuclear Regulatory Commission (NRC) 

immediately revoke, suspend or modify 

the New York State Department of Labor 

(NYDOL) license held by Radiac 

Research Corporation under the NRC’s 

authority pursuant to the Atomic Energy 

Act of 1954 (AEA), as amended to 

protect the common defense and 

security. 

The basis for this request was that 

Radiac’s radioactive waste storage 

operation adjoining the Radiac 

hazardous waste transfer and storage 

operation in Brooklyn, New York 

represented a significant risk to the 

common defense and security. 

In a letter dated December 17, 2003, 

the NRC informed the Petitioners that 

the request for immediate action was 

denied because the limits on types and 

activity of radioactive material that 

Radiac was authorized to possess were 

below the levels of concern. The letter 

added that the issues identified in the 

petition would be reviewed under 10 

CFR 2.206 and that this review would 

be conducted by the Office of Nuclear 

Material Safety and Safeguards (NMSS). 

The Petitioner and the Licensee both 

participated in a meeting with the 

NMSS Petition Review Board (PRB) on 

February 20, 2004. At this meeting, the 

Petitioner provided additional 

information concerning the bases for the 

Petition, and the Licensee provided 

additional information concerning their 

response to the Petition. A concerned 

citizen and a representative of the 

Honorable Nydia M. Vela ́zquez, US. 

House of Representatives, provided 

statements. Two other concerned 

citizens present at the public meeting 

later provided written statements via email on February 27, 2004. The written 

presentations of the parties, as well as 

the transcript of this meeting, have been 

treated as a supplement to the Petition 

and are available in the Agencywide 

Documents Access and Management 

System (ADAMS), which provides text 

and image files of the NRC’s public 

documents. These documents may be 

accessed through the NRC’s Public 

Electronic Reading Room on the Internet 

at http://www.nrc.gov/reading-rm.html.

The ADAMS Accession Numbers for the 

packages containing all the publicly 

available documents regarding this 

petition are ML041040731 and 

ML041240485. If you do not have access 

to ADAMS or there are problems in 

accessing the documents located in 

ADAMS, contact the NRC Public 

Document Room (PDR) Reference staff 

at 1–800–397–4209, 301–415–4737, or 

by e-mail to pdr@nrc.gov.

In a letter dated December 10, 2003, 

addressed to the Honorable Nils J. Diaz, 

Chairman, NRC, the Honorable Nydia 

M. Vela ́zquez, U.S. House of 

Representatives, requested the NRC to 

investigate the risk of an accident or 

terrorist event at the Radiac facility. By 

letter dated February 10, 2004, 

Chairman Nils J. Diaz informed 

Congresswoman Vela ́zquez that the NRC 

is reviewing similar common defense 

and security issues identified in the 

Neighbors Against Garbage 2.206 

petition and that she would be informed 

of the results of that review. 

In a letter dated February 19, 2004, 

addressed to the Honorable Nils J. Diaz, 

Chairman, NRC, Mr. Vincent V. Abate, 

Chairman, Community Board No. 1, 

representing Brooklyn, New York, 

presented information pertinent to the 

Petition. By letter dated March 30, 2004, 

the PRB informed Mr. Abate that the 

information would be considered as a 

supplement to the Petition. 

In letters dated February 27, 2004, the 

Petitioner and Licensee provided 

supplemental information concerning 

the petition. In the Licensee’s letter was 

a request to reject the petition based on 

procedural issues. In a letter dated April 

27, 2004, the NRC staff informed the 

Petitioner and the Licensee that the 

Licensee’s request to reject the petition 

was denied, that the PRB accepted the 

petition for review because it satisfied 

the criteria under 10 CFR 2.206 and 

Management Directive 8.11, and that the 

NRC staff would review the technical 

merits of the petition. 

In a letter dated March 18, 2004, the 

Licensee provided supplemental 

information concerning the petition. In 

a letter dated, April 12, 2004, the 

Petitioner provided supplemental 

information concerning the petition. 

The NRC sent a copy of the proposed 

Director’s Decision to the Petitioners 

and to the licensee for comment on June 

14, 2004. The Petitioners responded 

with comments on July 15, 2004. The 

licensee did not provide comments. The 

comments and the NRC staff’s response 

to them are Enclosures to this Director’s 

Decision. 

The NMSS Office Director has denied 

the request of the Petitioner to revoke, 

suspend, or modify the NYDOL license 

held by Radiac Research Corporation 

under the NRC’s authority to protect the 

common defense and security. The 

reasons for the decisions are explained 

in the Director’s Decision pursuant to 10 

CFR 2.206 [DD–04–04], the complete 

text of which is available in ADAMS for 

inspection at the Commission’s Public 

Document Room, located at One White 

Flint North, 11555 Rockville Pike (first 

floor), Rockville, Maryland, and from 

the ADAMS public access component 

on the NRC’s Web site, http://

www.nrc.gov, under the ‘‘Public 

Involvement’’ icon. 

A copy of the Director’s Decision will 

be filed with the Secretary of the 

Commission for the Commission’s 

review in accordance with 10 CFR 2.206 

of the Commission’s regulations. 

As provided for by this regulation, the 

Director’s Decision will constitute the 

final action of the Commission 25 days 

after the date of the decision, unless the 

Commission, on its own motion, 

institutes a review of the Director’s 

Decision within that time.

Dated at Rockville, Maryland, this 15th day 

of September 2004.

For the Nuclear Regulatory Commission. 

Jack R. Strosnider, 

Director, Office of Nuclear Material Safety 

and Safeguards.

[FR Doc. 04–21341 Filed 9–22–04; 8:45 am] 

BILLING CODE 7590–01–P