Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 67177

Collection of information Annual

responses 

Average

response time

(hours) 

Annual burden 

hours 

other accidents .............................................................................................................. 1,543 0.50 772 

Investigation of Accidents and Occupational Injuries 

fatal accidents ............................................................................................................... 56 80.00 4,480 

nonfatal accidents ......................................................................................................... 1,631 16.00 26,096 

other accidents .............................................................................................................. 12,735 1.00 12,735 

Separate Reports of Investigation (mines w/ 20+ empl.) 

fatal accidents ............................................................................................................... 36 4.00 144 

other accidents .............................................................................................................. 11,424 1.00 11,424 

Mine Accident, Injury, and Illness Reports 

initial reports .................................................................................................................. 14,422 0.50 7,211 

follow-up reports ............................................................................................................ 7,055 0.33 2,328 

Form 7000–1 Sub-total .......................................................................................... 48,958 ........................ 65,218 

MSHA Form 7000–2 

Mailed Reponses ........................................................................................................... 74,401 0.50 37,201 

Electronic Responses .................................................................................................... 10,493 0.25 2,623 

Form 7000–1 Sub-total .......................................................................................... 84,894 ........................ 39,824 

Grand Total ............................................................................................................ 133,852 ........................ 105,042 

Total Annualized capital/startup 

costs: $0. 

Total Annual Costs (operating/

maintaining systems or purchasing 

services): $34,105. 

Description: The reporting and 

recordkeeping provisions in 30 CFR part 

50, Notification, Investigation, Reports 

and Records of Accidents, Injuries and 

Illnesses, Employment and Coal 

Production in Mines, are essential 

elements in MSHA’s Congressional 

mandate to reduce work-related injuries 

and illnesses among the nation’s miners. 

Section 50.10 requires mine operators 

and mining contractors to immediately 

notify MSHA in the event of an 

accident. This immediate notification is 

critical to MSHA’s timely investigation 

and assessment of the probable cause of 

the accident.

Section 50.11 requires that the 

operator or contractor investigate each 

accident and occupational injury and 

prepare a report. The operator or 

contractor may not use MSHA Form 

7000–1 as a report, unless the mine 

employs fewer than 20 miners and the 

occurrence involves an occupational 

injury not related to an accident. 

Section 50.20(a) requires mine 

operators and mining contractors to 

report each accident, injury, or illness to 

MSHA on Form 7000–1 within 10 

working days after an accident or injury 

has occurred or an occupational illness 

has been diagnosed. The use of MSHA 

Form 7000–1 provides for uniform 

information gathering across the mining 

industry. 

MSHA tabulates and analyzes the 

information from MSHA Form 7000–1, 

along with data from MSHA Form 

7000–2, to compute incidence and 

severity rates for various injury types. 

These rates are used to analyze trends 

and to assess the degree of success of 

the health and safety efforts of MSHA 

and the mining industry. 

Accident, injury, and illness data 

when correlated with employment and 

production data provide information 

that allows MSHA to improve its safety 

and health enforcement programs, focus 

its education and training efforts, and 

establish priorities for its technical 

assistance activities in mine safety and 

health. Maintaining a current database 

allows MSHA to identify and direct 

increased attention to those mines, 

industry segments, and geographical 

areas where hazardous trends are 

developing. This could not be done 

effectively utilizing historical data. The 

information collected under part 50 is 

the most comprehensive and reliable 

occupational data available concerning 

the mining industry. 

Section 103(d) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) mandates that each accident be 

investigated by the operator to 

determine the cause and means of 

preventing a recurrence. Records of 

such accidents and investigations shall 

be kept and made available to the 

Secretary or his authorized 

representative and the appropriate State 

agency. Section 103(h) requires 

operators to keep any records and make 

any reports that are reasonably 

necessary for MSHA to perform its 

duties under the Mine Act. Section 

103(j) of the Mine Act requires operators 

to notify MSHA of the occurrence of an 

accident and to take appropriate 

measures to preserve any evidence 

which would assist in the investigation 

into the cause or causes of the accident. 

Data collected through MSHA Form 

7000–1 and MSHA Form 7000–2 enable 

MSHA to publish timely quarterly and 

annual statistics, reflecting current 

safety and health conditions in the 

mining industry. These data are used 

not only by MSHA, but also by other 

Federal and State agencies, health and 

safety researchers, and the mining 

community to assist in measuring and 

comparing the results of health and 

safety efforts both in the United States 

and internationally.

Ira L. Mills, 

Departmental Clearance Officer.

[FR Doc. 04–25385 Filed 11–15–04; 8:45 am] 

BILLING CODE 4510–43–P

DEPARTMENT OF LABOR

Occupational Safety and Health 

Administration 

[Docket No. ICR 1218–0239(2005)] 

Voluntary Protection Programs 

Information; Extension of the Office of 

Management and Budget’s (OMB) 

Approval of Information Collection 

(Paperwork) Requirements

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor.

ACTION: Request for public comment.

SUMMARY: OSHA solicits public 

comment concerning its request for an 

extension of the information collection 

requirements contained in the 

Voluntary Protection Programs 

Information.

67178 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 

DATES: Comments must be submitted by 

the following dates: 

Hard copy: Your comments must be 

submitted (postmarked or received) by 

January 18, 2005. 

Facsimile and electronic 

transmission: Your comments must be 

received by January 18, 2005.

ADDRESSES: You may submit comments, 

identified by OSHA Docket No. ICR–

1218–0239(2005), by any of the 

following methods: 

Regular mail, express delivery, hand 

delivery, and messenger service: Submit 

your comments and attachments to the 

OSHA Docket Office, Room N–2625, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–2350 

(OSHA’s TTY number is (877) 889–

5627). OSHA Docket Office and 

Department of Labor hours are 8:15 a.m. 

to 4:45 p.m., e.t. 

Facsimile: If your comments are 10 

pages or fewer in length, including 

attachments, you may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Electronic: You may submit 

comments through the Internet at http:/

/ecomments.osha.gov. Follow 

instructions on the OSHA Web page for 

submitting comments. 

Docket: For access to the docket to 

read or download comments or 

background materials, such as the 

complete Information Collection 

Request (ICR) (containing the 

Supporting Statement, OMB–83–I Form, 

and attachments), go to OSHA’s Web 

page at http://www.OSHA.gov. In 

addition, comments, submissions and 

the ICR are available for inspection and 

copying at the OSHA Docket Office at 

the address above. You may also contact 

Cathy Oliver at the address below to 

obtain a copy of the ICR. 

(For additional information on 

submitting comments, please see the 

‘‘Public Participation’’ heading in the 

SUPPLEMENTARY INFORMATION section of 

this document.)

FOR FURTHER INFORMATION CONTACT:

Cathy Oliver, Division of Voluntary 

Programs, Office of Partnerships and 

Recognition, Directorate of Cooperative 

and State Programs, OSHA, Room N–

3700, 200 Constitution Avenue, NW., 

Washington, DC 20210, telephone: (202) 

693–2213. A copy of the Agency’s 

Information Collection Request (ICR) 

supporting the need for the information 

collection requirements for the 

Voluntary Protection Program is 

available for inspection and copying in 

the Docket Office, or you may request a 

mailed copy by telephoning Al 

Woodson at (202) 693–2589.

SUPPLEMENTARY INFORMATION: 

I. Submission of Comments on This 

Notice and Internet Access to 

Comments and Submissions 

You may submit comments and 

supporting materials in response to this 

notice by (1) hard copy, (2) FAX 

transmission (facsimile), or (3) 

electronically through the OSHA Web 

page. Because of security related 

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 submissions by express 

delivery, hand delivery and courier 

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 this 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). 

The Voluntary Protection Programs 

(VPP) (47 FR 29025) adopted by OSHA 

established the efficacy of cooperative 

action among government, industry, and 

labor to address worker safety and 

health issues and to expand worker 

protection. To quality, employers must 

meet OSHA’s rigorous safety and health 

management criteria which focus on 

comprehensive management systems 

and active employee involvement to 

prevent or control worksite safety and 

health hazards. Employers who qualify 

generally view OSHA standards as a 

minimum level of safety and health 

performance, and set their own more 

stringent standards, wherever necessary, 

to improve employee protection. 

Prospective VPP worksites must 

submit an application that includes: 

• General site information (i.e., site, 

corporate, and collective bargaining 

contact information). 

• Injury and illness rate performance 

information (i.e., number of employees 

and/or applicable contractors onsite, 

type of work performed and products 

produced, Standard Industrial Code, 

and Recordable Injury and Illness Case 

Incidence Rate information). 

• Safety and health program 

information (i.e., description of the 

site’s safety and health management 

system including how the system 

successfully addresses management 

leadership and employee involvement, 

worksite analysis, hazard prevention 

and control, and safety and health 

training). 

OSHA uses this information to 

determine whether a worksite is ready 

for a VPP onsite evaluation and as a 

verification tool during VPP onsite 

evaluations. Without this information, 

OSHA would be unable to determine 

which sites are ready for VPP status. 

Each current VPP worksite is also 

required to submit an annual 

evaluation, in narrative format, that 

addresses how that site is continuing its 

adherence to programmatic 

requirements. OSHA needs this 

information to ensure that the worksite 

remains qualified to participate in the 

VPP in the three to five years between 

onsite evaluations. Without this 

information, OSHA would be unable to 

determine whether sites are maintaining 

excellent safety and health management 

systems during this interim period. 

The Occupational Safety and Health 

Administration (OSHA) is introducing 

the OSHA Challenge and VPP Corporate 

Pilot programs. The length of these 

pilots is planned for two years. 

However, after the first year OSHA will 

conduct evaluations to determine 

whether to continue, modify, or 

terminate these pilots. These new 

initiatives will expand programs to 

promote the safety and health of 

thousands of workers across the nation. 

OSHA Challenge is designed to reach 

and guide employers and companies in 

all major industry groups who are 

strongly committed to improving their 

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 67179

safety and health management systems 

and interested in pursuing recognition 

in VPP. OSHA Challenge provides 

participants a guide or roadmap to 

improve performance and ultimately to 

achieve VPP Merit or Star approval. 

OSHA Challenge outlines the 

requirements needed to develop and 

implement effective safety and health 

management systems through 

incremental steps. At each stage, certain 

actions, documentation and outcomes 

are required in the areas covered by VPP 

criteria. Participants receive recognition 

from OSHA at the completion of each 

stage. 

Each Challenge Pilot Administrator is 

required to submit to OSHA 

electronically a Challenge Pilot 

Administrator’s application package, 

Administrator’s Statement of 

Commitment, Challenge Pilot 

Administrator’s Information Form, 

Challenge Pilot Administrator’s 

Quarterly Report (if there have been 

significant changes to any of its 

participant’s sites), Challenge Pilot 

Administrator’s Annual Report (the 

Challenge Pilot Administrator must 

prepare and submit the annual report 

electronically to OSHA). 

The VPP Corporate Pilot is designed 

to provide a more efficient process for 

Corporations to increase their level of 

participation in VPP. The pilot concept 

is two-fold; the Corporations submit an 

application that describes corporate 

level policies and programs that are 

uniformly applied at facilities across the 

Corporation. A comprehensive 

Corporate Program Evaluation is 

conducted by OSHA to verify the 

contents of the application. Once a 

Corporation is accepted in the VPP 

Corporate Pilot, all eligible corporate 

facilities will apply for VPP 

participation using more efficient 

streamlined application and onsite 

evaluation processes. Corporations 

accepted in the VPP Corporate Pilot 

must submit an annual safety and health 

report. 

VPP worksite employees may apply to 

participate in the Special Government 

Employee Program. The Special 

Government Employee Program was 

established as a means to leverage 

OSHA’s limited resources. Through this 

program, safety and health professionals 

employed at VPP sites are trained to 

participate as team members during VPP 

onsite evaluations. In that capacity, 

Special Government Employees may 

review company documents, assist with 

worksite walkthroughs, interview 

employees, and assist in preparing VPP 

onsite evaluation reports. Potential 

Special Government Employees must 

submit a Special Government 

Employee’s application that includes: 

• General contact information (i.e.,

applicant’s name, professional 

credentials, site/corporate contact 

information, etc.). 

• A resume or the Optional 

Application for Federal Employment 

(OF–612) form. 

• Confidential Financial Disclosure 

Report (OGE Form 450). 

• Waiver of Claims against the 

Government. 

• Department of Labor Request for 

Name Check (DL–68). 

OSHA uses the contact information to 

arrange for Special Government 

Employee participation at VPP onsite 

evaluations, send congratulatory letters, 

and inform them of their status in the 

program. The resume or OF–612 and the 

DL–68 are used to determine whether an 

applicant is qualified to participate in 

the Special Government Employees 

Program. The OGE Form 450 is used to 

ensure that Special Government 

Employees do not participate in 

evaluations at sites where there may be 

a conflict of interest. The Waiver of 

Claims against the Government protects 

OSHA against liability. 

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 quality, 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 

OHSA proposes to extend the Office 

of Management and Budget’s (OMB) 

approval of the collection of information 

(paperwork) requirements necessitated 

by the Voluntary Protection Programs. 

The Agency will include this summary 

in its request to OMB to extend the 

approval of these collections of 

information requirements. 

Type of Review: Extension of 

currently approved information 

collection requirements. 

Title: Voluntary Protection Programs 

Application Information. 

OMB Number: 1218–0239. 

Affected Public: Business or other forprofits; and individuals or households. 

Number of Respondents:

VPP 

278 applications 

1,000 annual evaluations 

OSHA Challenge 

10 applications from Challenge Pilot 

Administrators 

100 applications from Challenge Pilot 

Candidates 

VPP Corporate 

7 applications from VPP Corporations 

70 applications from VPP Corporate 

Facilities 

Special Government Employees 

101 applications from SGEs

Total Respondents: 1,773. 

Frequency: VPP applications, 

Challenge Pilot Administrator’s 

applications, Challenge Pilot Candidate 

application, VPP Corporate Pilot 

applications and VPP Corporate Pilot 

Facility VPP applications are submitted 

once, Challenge Pilot Administrator’s 

Quarterly Reports are submitted 

quarterly (if there have been significant 

changes to any of its participant’s sites), 

VPP annual Evaluations, Challenge Pilot 

Administrator’s Annual Report, and 

Corporate Safety and Health Report are 

submitted once per year, and Special 

Government Employee applications are 

submitted once every three years. 

Average Time Per Response:

VPP General 

200 hours for VPP applications 

20 hours for VPP evaluations

OSHA Challenge 

5 hours for Challenge Pilot 

Administrator applications 

10 hours for Challenge Pilot 

Candidate applications 

5 hours for Challenge Pilot Candidate 

quarterly reports 

20 hours for Challenge Pilot 

Candidate annual reports 

VPP Corporate 

120 hours for VPP Corporation’s 

applications 

80 hours for VPP Corporate facility 

applications 

40 hours for VPP Corporation’s 

annual reports 

Special Government Employees (SGE) 

8 minutes for SGE applications 

10 minutes for DL–69 Request for 

Name Check

Estimated Total Burden Hours:

VPP General 

55,600 hours for VPP applications 

20,000 hours for VPP annual 

evaluations 

OSHA Challenge 

50 hours for Challenge 

Administrator’s applications 

1,000 hours for Challenge Pilot 

Candidate’s applications 

67180 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 

1Any portion of the closed session consisting 

solely of staff briefings does not fall within the 

Sunshine Act’s definition of the term ‘‘meeting’’

and, therefore, the requirements of the Sunshine 

Act do not apply to any such portion of the closed 

session. 5 U.S.C. 552(b)(a)(2) and (b). See also 45 

CFR 1622.2 & 1622.3.

1Any portion of the closed session consisting 

solely of staff briefings does not fall within the 

Sunshine Act’s definition of the term ‘‘meeting’’

1,500 hours for Challenge Candidate’s 

quarterly reports 

2,000 hours for Challenge Candidate’s 

annual reports 

VPP Corporate 

840 hours for Corporation’s 

applications 

5,600 hours for Corporate VPP facility 

applications 

280 hours for Corporate facility 

annual reports 

Special Government Employees (SGE) 

13 hours for SGE applications 

17 hours for DL–68 Request for Name 

Check

Total Burden Hours per year (3-year 

average): 86,900. 

Estimated Cost (Operation and 

Maintenance): $0. 

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).

Signed in Washington, DC, on November 

9th, 2004. 

John L. Henshaw, 

Assistant Secretary of Labor.

[FR Doc. 04–25407 Filed 11–15–04; 8:45 am] 

BILLING CODE 4510–26–M

LEGAL SERVICES CORPORATION

Sunshine Act Meeting of the Board of 

Directors

TIME AND DATE: The Board of Directors 

of the Legal Services Corporation will 

meet November 20, 2004. The Board of 

Directors will convene following the 

preceding meeting of the Finance 

Committee, which is expected to 

conclude at approximately 11 a.m. It is 

possible that the meeting of the Board 

of Directors may convene earlier or later 

than expected, depending upon the 

length of the aforementioned committee 

meeting.

LOCATION: The Westin Cincinnati, 21 E. 

5th Street, Cincinnati, Ohio.

STATUS OF MEETING: Open, except that a 

portion of the meeting may be closed 

pursuant to a vote of the Board of 

Directors to hold an executive session. 

At the closed session, the Corporation’s 

General Counsel will report to the Board 

on litigation to which the Corporation is 

or may become a party, and the Board 

may act on the matters reported. The 

closing is authorized by 5 U.S.C. 

552b(c)(2) and LSC’s corresponding 

regulation 45 CFR 1622.5(a); 5 U.S.C. 

552b(c)(6) and LSC’s corresponding 

regulation 45 CFR 1622.5(e); 5 U.S.C. 

552b(c)(7) and LSC’s implementing 

regulation 45 CFR 1622.5(f)(4), and 5 

U.S.C. 522b(c)(9)(B) and LSC’s 

implementing regulation 45 CFR 

1622.5(g); and 5 U.S.C. 552b(c)(10) and 

LSC’s corresponding regulation 45 CFR 

1622.5(h). A copy of the General 

Counsel’s Certification that the closing 

is authorized by law will be available 

upon request.

MATTERS TO BE CONSIDERED: 

Open Session 

1. Approval of agenda. 

2. Approval of minutes of the Board’s 

meeting of September 11, 2004. 

3. Approval of minutes of the Board’s 

executive session of September 11, 

2004. 

4. Approval of minutes of the Search 

Committee meetings of: 

(a) June 5, 2004; 

(b) July 19, 2004; and 

(c) August 12, 2004. 

5. Approval of minutes of Board’s 

executive session of June 5, 2004. 

6. Consider and act on Resolution 

dissolving the Ad Hoc Search 

Committee for LSC President and 

Inspector General. 

7. Chairman’s Report. 

8. Members’ Reports. 

9. President’s Report. 

10. Inspector General’s Report. 

11. Consider and act on the report of 

the Board’s Committee on Provision for 

the Delivery of Legal Services. 

12. Consider and act on the report of 

the Board’s Operations & Regulations 

Committee. 

13. Consider and act on the report of 

the Board’s Finance Committee. 

14. Consider and act on the report of 

the Board’s Performance Reviews 

Committee. 

15. Consider and act on Inspector 

General’s Semiannual Report to 

Congress for the period of April 1–

September 30, 2004, and LSC’s 

Response. 

16. Consider and act on the dates and 

locations of the Board’s meetings for 

calendar year 2005. 

17. Consider and act on other 

business. 

18. Public comment. 

Closed Session 

19. Briefing 1 by the Inspector General 

on the activities of the Office of 

Inspector General.

20. Consider and act on General 

Counsel’s report on potential and 

pending litigation involving LSC. 

21. Consider and act on motion to 

adjourn meeting.

CONTACT PERSON FOR INFORMATION:

Patricia D. Batie, Manager of Board 

Operations, at (202) 295–1500.

SPECIAL NEEDS: Upon request, meeting 

notices will be made available in 

alternate formats to accommodate visual 

and hearing impairments. Individuals 

who have a disability and need an 

accommodation to attend the meeting 

may notify Patricia D. Batie, at (202) 

295–1500.

Dated: November 11, 2004. 

Victor M. Fortuno, 

Vice President for Legal Affairs, General 

Counsel & Corporate Secretary.

[FR Doc. 04–25483 Filed 11–12–04; 12:25 

pm] 

BILLING CODE 7050–01–P

LEGAL SERVICES CORPORATION

Sunshine Act Meeting of the Board of 

Directors Finance Committee

TIME AND DATE: The Finance Committee 

of the Legal Services Corporation Board 

of Directors will meet November 20, 

2004. The meeting will commence 

immediately following conclusion of the 

meeting of the Operations and 

Regulations Committee, the 

deliberations of which are anticipated to 

terminate at approximately 10 a.m. It is 

possible that the Committee meeting 

may convene earlier or later than 

expected, depending upon when the 

preceding committee concludes its 

business.

LOCATION: Westin Cincinnati, 21 E. 5th 

Street, Cincinnati, Ohio.

STATUS OF MEETING: Open.

MATTERS TO BE CONSIDERED: 

Open Session 

1. Approval of agenda. 

2. Approval of the minutes of the 

Committee’s meeting of September 10, 

2004. 

3. Presentation of LSC’s Financial 

Reports for the Twelve-Month Period 

Ending September 30, 2004. 

4. Update on the status of the FY 2005 

Revised Temporary Operating Budget. 

Closed Session 

5. Briefing 1 by the Inspector General 

on the budget of the Office of the 

Inspector General.