68404 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 

General Information 

The attention of interested persons is 

directed to the following: 

(1) The fact that a transaction is the 

subject of an exemption under section 

408(a) of the Act and/or section 

4975(c)(2) of the Code does not relieve 

a fiduciary or other party in interest or 

disqualified person from certain other 

provisions to which the exemption does 

not apply and the general fiduciary 

responsibility provisions of section 404 

of the Act, which among other things 

require a fiduciary to discharge his 

duties respecting the plan solely in the 

interest of the participants and 

beneficiaries of the plan and in a 

prudent fashion in accordance with 

section 404(a)(1)(B) of the Act; nor does 

it affect the requirement of section 

401(a) of the Code that the plan must 

operate for the exclusive benefit of the 

employees of the employer maintaining 

the plan and their beneficiaries; 

(2) This exemption is supplemental to 

and not in derogation of, any other 

provisions of the Act and/or the Code, 

including statutory or administrative 

exemptions and transactional rules. 

Furthermore, the fact that a transaction 

is subject to an administrative or 

statutory exemption is not dispositive of 

whether the transaction is in fact a 

prohibited transaction; and 

(3) The availability of this exemption 

is subject to the express condition that 

the material facts and representations 

contained in the application accurately 

describes all material terms of the 

transaction which is the subject of the 

exemption.

Signed in Washington, DC, this 19th day of 

November, 2004. 

Ivan Strasfeld, 

Director of Exemption Determinations, 

Employee Benefits Security Administration, 

Department of Labor.

[FR Doc. 04–26068 Filed 11–23–04; 8:45 am] 

BILLING CODE 4510–29–M

DEPARTMENT OF LABOR

Occupational Safety and Health 

Administration 

[Docket No. ICR 1218–0075(2005)] 

Fire Brigades Standard; 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 Fire 

Brigades Standard (29 CFR 1910.156).

DATES: Comments must be submitted by 

the following dates: 

Hard Copy: Your comments must be 

submitted (postmarked or received) by 

January 24, 2005. 

Facsimile and electronic 

transmission: Your comments must be 

received by January 24, 2005.

ADDRESSES: You may submit comments, 

identified by OSHA Docket No. ICR–

1218–0075(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 

Theda Kenney 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:

Theda Kenney, Directorate of Standards 

and Guidance, OSHA, Room N–3609, 

200 Constitution Avenue, NW., 

Washington, DC 20210, telephone: (202) 

693–2222.

SUPPLEMENTARY INFORMATION: 

I. Public Participation—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). 

Although OSHA does not mandate 

that employers establish fire brigades, if 

they do so, they must comply with the 

provisions of the Standard. The 

provisions of the Standard, including 

the paperwork requirements, apply to 

fire brigades, industrial fire 

departments, and private or contract fire 

departments, but not to airport crashrescue units or forest fire-fighting 

operations. Paragraphs (b)(1), (b)(2), 

(c)(2), and (c)(4) contain the paperwork 

requirements of the Standard.

Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 68405

Under paragraph (b)(1) of the 

Standard, employers must develop and 

maintain an organizational statement 

that establishes the: Existence of a fire 

brigade; the basic organizational 

structure of the brigade; type, amount, 

and frequency of training provided to 

brigade members; expected number of 

members in the brigade; and functions 

that the brigade is to perform. This 

paragraph also specifies that the 

organizational statement must be 

available for review by employees, their 

designated representatives, and OSHA 

compliance officers. The organizational 

statement delineates the functions 

performed by the brigade members and, 

therefore, determines the level of 

training and type of personal protective 

equipment (PPE) necessary for these 

members to perform their assigned 

functions safely. Making the statement 

available to employees, their designated 

representatives, and OSHA compliance 

officers ensures that the elements of the 

statement are consistent with the 

functions performed by the brigade 

members and the occupational hazards 

they experience, and that employers are 

providing training and PPE appropriate 

to these functions and hazards. 

To permit an employee with known 

heart disease, epilepsy, or emphysema 

to participate in fire brigade emergency 

activities, paragraph (b)(2) of the 

Standard requires employers to obtain a 

physician’s certificate of the employee’s 

fitness to do so. This provision provides 

employers with a direct and efficient 

means of ascertaining whether or not 

they can safely expose employees with 

these medical conditions to the hazards 

of fire-fighting operations. 

Paragraph (c)(1) of the Standard 

requires employers to provide training 

and education for fire brigade members 

commensurate with the duties and 

functions they perform, with brigade 

leaders and training instructors 

receiving more comprehensive training 

and education than employers provide 

to the general membership. Under 

paragraph (c)(2) of the Standard, 

employers must conduct training and 

education frequently enough, but at 

least annually, to assure that brigade 

members are able to perform their 

assigned duties and functions 

satisfactorily and safely; employers 

must provide members who perform 

interior structural fire-fighting with 

educational and training sessions at 

least quarterly. In addition, paragraph 

(c)(4) specifies that employers must: 

Inform brigade members about special 

hazards such as storage and use of 

flammable liquids and gases, toxic 

chemicals, radioactive sources, and 

water-reactive substances that may be 

present during fires and other 

emergencies; advise brigade members of 

changes in the special hazards; and 

develop written procedures that 

describe the actions brigade members 

must take when special hazards are 

present, and make these procedures 

available in the education and training 

program and for review by the brigade 

members. 

Providing appropriate training to 

brigade members at the specified 

frequencies, informing them about 

special hazards, developing written 

procedures on how to respond to special 

hazards, and making these procedures 

available for training purposes and 

review by the members enables them to 

use operational procedures and 

equipment in a safe manner to avoid or 

control dangerous exposures to firerelated hazards. Therefore, the training 

and information requirements specified 

by paragraphs (c)(1), (c)(2), and (c)(4) of 

the Standard prevent serious injuries 

and death among members of fire 

brigades. 

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 

OSHA proposes to extend the Office 

of Management and Budget’s (OMB) 

approval of the collection of information 

(paperwork) requirements in the Fire 

Brigades Standard (29 CFR 1910.156). 

The Agency will include this summary 

in its request to OMB to extend the 

approval of these collection of 

information requirements. 

Type of Review: Extension of 

currently approved information 

collection requirements. 

Title: Fire Brigades (29 CFR 

1910.156). 

OMB Number: 1218–0075. 

Affected Public: Business or other forprofits; Not-for-profit organizations; 

Federal Government; State, local or 

tribal government. 

Number of Respondents: 55,939. 

Frequency: On occasion. 

Average Time Per Response: Varies 

from 5 minutes (.08 hour) to 2 hours. 

Estimated Total Burden Hours: 6.042. 

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 at Washington, DC, on November 

18th, 2004. 

John L. Henshaw, 

Assistant Secretary of Labor.

[FR Doc. 04–26044 Filed 11–23–04; 8:45 am] 

BILLING CODE 4510–26–M

DEPARTMENT OF LABOR

Occupational Safety and Health 

Administration 

[Docket No. NRTL1–90] 

Communication Certification 

Laboratory, Application for Renewal 

and Expansion of Recognition; 

Withdrawal of Sites of Other NRTLs

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor.

ACTION: Notice.

SUMMARY: This notice announces the 

application of Communication 

Certification Laboratory, Inc., for 

renewal of its recognition as a 

Nationally Recognized Testing 

Laboratory and for expansion of its 

recognition to use additional test 

standards. This notice also presents the 

Agency’s preliminary finding. This 

preliminary finding does not constitute 

an interim or temporary approval of 

these applications. In an unrelated 

matter, this notice also announces the 

voluntary withdrawals of recognition of 

the Electrical Reliability Services, Inc., 

(formerly Electro-Test, Inc.) site located 

in Brea, California, and the SGS U.S. 

Testing Company site located in Los 

Angeles, California.

DATES: You may submit comments in 

response to the expansion application 

portion of this notice, or any request for 

extension of the time to comment, by (1) 

Regular mail, (2) express or overnight 

delivery service, (3) hand delivery, (4) 

messenger service, or (5) FAX 

transmission (facsimile). Because of 

security-related problems there may be