69958 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Notices 

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree 

Between the United States of America 

and Wainwright Industries, Inc. Under 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) 

Under 28 CFR 50.7, notice is hereby 

given that on November 18, 2004, a 

proposed Consent Decree (‘‘Consent 

Decree’’) in the case of United States of 

America v. Wainwright Industries, Inc.,

Civil Action No. 02–CV–1548–SNL, was 

lodged with the United States District 

Court for the Eastern District of 

Missouri, Eastern Division. 

The Consent Decree resolves the 

United States’ claims under Section 107 

of CERCLA, 42 U.S.C. 9607, against 

Wainwright Industries, Inc. for costs the 

Environmental Protection Agency 

incurred responding to contamination at 

the Valley Park TCE Site (‘‘Site’’), in St. 

Louis County. Under the Consent 

Decree, Wainwright Industries will pay 

$542,000 plus interest in two 

installments, plus future EPA oversight 

costs at its former property. The amount 

is based upon Wainwright Industries’

certified inability to pay more. In 

exchange, Wainwright Industries will 

receive a covenant not to sue for past 

and future costs related to known 

contamination at the Site, and 

contribution protection, subject to 

standard reservations of rights. The 

covenant not to sue is conditioned upon 

Wainwright Industries’ satisfactory 

completion of a cleanup at its former 

property, which is required by a prior 

consent decree with the State of 

Missouri. 

The Department of Justice will receive 

comments relating to the Consent 

Decree for a period of thirty days from 

the date of this publication. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, P.O. Box 

7611, U.S. Department of Justice, 

Washington, DC 20044–7611, and 

should refer to United States v. 

Wainwright Industries, Inc., D.J. 

Reference No. 90–11–3–07637. 

The Consent Decree may be examined 

at the office of the United States 

Attorney, 111 South 10th Street, Room 

20.333, St. Louis, MO 63102 and at U.S. 

EPA Region 7, 901 N. 5th Street, Kansas 

City, KS 66101. During the comment 

period, the Consent Decree may be 

examined on the following Department 

of Justice Web Site: http://

www.usdoj.gov/enrd/open.html. A copy 

of the Consent Decree may also be 

obtained by mail from the Consent 

Decree Library, P.O. Box 7611, U.S. 

Department of Justice, Washington DC 

20044–7611, or by faxing or e-mailing a 

request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$5.75 (25 cents per page reproduction 

cost) payable to the United States 

Treasury for payment.

Dated: November 22, 2004. 

Robert E. Maher, Jr., 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division.

[FR Doc. 04–26510 Filed 11–30–04; 8:45 am] 

BILLING CODE 4410–15–M

DEPARTMENT OF LABOR

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

November 23, 2004. 

The Department of Labor (DOL) has 

submitted the following public 

information collection requests (ICRs) to 

the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13, 

44 U.S.C. chapter 35). A copy of each 

ICR, with applicable supporting 

documentation, may be obtained by 

contacting Darrin King on 202–693–

4129 (this is not a toll-free number) or 

e-mail: king.darrin@dol.gov. 

Comments should be sent to Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for the 

Occupational Safety and Health 

Administration (OSHA), Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, 202–395–7316 

(this is not a toll-free number), within 

30 days from the date of this publication 

in the Federal Register. 

The OMB is particularly interested in 

comments which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Agency: Occupational Safety and 

Health Administration. 

Type of Review: Extension of 

currently approved collection. 

Title: Cranes and Derricks Standards 

for Construction: Recording Tests for 

Toxic Gases and Oxygen-Deficient 

Atmospheres in Enclosed Spaces. 

OMB Number: 1218–0054. 

Form Number: None. 

Frequency: On occasion. 

Type of Response: Recordkeeping and 

Third party disclosure. 

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

Federal Government; and State, Local, 

or Tribal Government. 

Number of Respondents: 50. 

Number of Annual Responses: 2,950. 

Estimated Time Per Response: 15 

minutes. 

Total Burden Hours: 728. 

Total Annualized capital/startup 

costs: $0. 

Total Annual Costs (operating/

maintaining systems or purchasing 

services): $18,000. 

Description: The Cranes and Derricks 

Standard for Construction [29 CFR 

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.

Agency: Occupational Safety and 

Health Administration. 

Type of Review: Extension of 

currently approved collection. 

Title: Cranes and Derricks Standards 

for Construction; Notification of 

Operational Specifications and Hand 

Signals. 

OMB Number: 1218–0115. 

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Notices 69959

Form Number: None. 

Frequency: On occasion. 

Type of Response: Recordkeeping and 

Third party disclosure. 

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

Federal Government; and State, Local, 

or Tribal Government. 

Number of Respondents: 70,544. 

Number of Annual Responses: 70,544. 

Estimated Time Per Response: 5 

minutes. 

Total Burden Hours: 5,640. 

Total Annualized capital/startup 

costs: $0. 

Total Annual Costs (operating/

maintaining systems or purchasing 

services): $477,802. 

Description: The Cranes and Derricks 

Standard for Construction [29 CFR 

1926.550] requires employers to provide 

notification of specified operating 

characteristics through documentation, 

posting, or revising maintenanceinstruction plates, tags, or decals, and to 

notify employees of hand signals used 

to communicate with equipment 

operators by posting an illustration of 

applicable signals at the worksite. By 

operating the equipment safely and 

within specified parameters, and 

communicating effectively with 

equipment operators, employers will 

prevent serious injury and death to the 

equipment operators and other 

employees who use or work near the 

equipment.

Ira L. Mills, 

Departmental Clearance Officer.

[FR Doc. 04–26449 Filed 11–30–04; 8:45 am] 

BILLING CODE 4510–26–P

DEPARTMENT OF LABOR

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

November 24, 2004. 

The Department of Labor (DOL) has 

submitted the following public 

information collection request (ICR) to 

the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13, 

44 U.S.C. chapter 35). A copy of this 

ICR, with applicable supporting 

documentation, may be obtained by 

contacting Darrin King on 202–693–

4129 (this is not a toll-free number) or 

e-mail: king.darrin@dol.gov. 

Comments should be sent to Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for the 

Employee Benefits Security 

Administration (EBSA), Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, 202–395–7316 

(this is not a toll-free number), within 

30 days from the date of this publication 

in the Federal Register. 

The OMB is particularly interested in 

comments which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Agency: Employee Benefits Security 

Administration. 

Type of Review: Extension of 

currently approved collection. 

Title: Notice to Participants and 

Beneficiaries and the Federal 

Government to Electing One Percent 

Increased Cost Exemption. 

OMB Number: 1210–0105. 

Frequency: On occasion. 

Type of Response: Reporting; Record 

keeping; and Third party disclosure. 

Affected Public: Business or other forprofit; Not-for-profit institutions; and 

Individuals or households. 

Number of Respondents: 10. 

Number of Annual Responses: 10,000. 

Estimated Time Per Response: 2 

minutes. 

Total Burden Hours: 333. 

Total Annualized capital/startup 

costs: $0. 

Total Annual Costs (operating/

maintaining systems or purchasing 

services): $5,000. 

Description: The Mental Health Parity 

Act of 1996 (Pub. L. 104–204) requires 

that group health plans provide parity 

in the application of dollar limits 

between mental health and medical/

surgical benefits. The statute exempts 

plans from this requirement if its 

application results in an increase in the 

cost under the plan or coverage by at 

least one percent. The Interim Final 

Rules under 29 CFR 2590.712(f)(3)(i) 

and (ii) require a group health plan 

electing to take advantage of this 

exemption to provide a written notice to 

participants and beneficiaries and to the 

federal government of the plan’s 

election. To satisfy the requirements to 

notify the federal government, a group 

health plan may either send the 

Department a copy of the summary of 

material reductions in covered services 

or benefits sent to participants and 

beneficiaries, or the plan may use the 

Department’s model notice published in 

the Interim Final Rule which was 

developed for this purpose.

Ira L. Mills, 

Departmental Clearance Officer.

[FR Doc. 04–26450 Filed 11–30–04; 8:45 am] 

BILLING CODE 4510–29–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration 

Proposed Information Collection 

Request Submitted for Public 

Comment and Recommendations; 

Qualification/Certification Program and 

Man Hoist Operators Physical Fitness

ACTION: Notice.

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 

program helps ensure that requested 

data is provided in the desired format, 

reporting burden (time and financial 

resources) is minimized, collection 

instruments are clearly understood, and 

the impact of collection requirements on 

respondents can be properly assessed.

DATES: Submit comments on or before 

January 31, 2005.

ADDRESSES: Send comments to Debbie 

Ferraro, Records Management Branch, 

1100 Wilson Boulevard, Room 2171, 

Arlington, VA 22209–3939. Commenters 

are encouraged to send their comments 

on computer disk, or via E-mail to 

ferraro.debbie@dol.gov. Ms. Ferraro can 

be reached at (202) 693–9821 (voice), or 

(202) 693–9801 (facsimile).

FOR FURTHER INFORMATION CONTACT:

Contact the employee listed in the 

ADDRESSES section of this notice.

SUPPLEMENTARY INFORMATION: 

I. Background 

Persons performing tasks and certain 

required examinations at coal mines 

related to miner safety and health,