70710 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Notices 

• The quality, utility, and clarity of 

the information collected; and

• Ways to minimize the burden on 

employees who must comply; for 

example, by using automated other 

technological information-collection 

and -transmission techniques. 

IV. Proposed Actions 

OSHA is proposing to extend the 

information-collection requirements 

contained in the Methylene Chloride 

Standard (29 CFR 1910.1052). The 

Agency will summarize the comments 

submitted in response to this notice and 

will include this summary in the 

request to OMB to extend the approval 

of the information-collection 

requirements contained in the Standard. 

Type of Review: Extension of 

currently approved informationcollection requirements. 

Title: Methylene Chloride (29 CFR 

1910.1052). 

OMB Number: 1218–0179. 

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

government; State, local or tribal 

governments. 

Number of Respondents: 88,623. 

Frequency of Response: Occasionally. 

Total Responses: 217,753. 

Average Time per Response: Varies 

from 1 hour for administering a medical 

examination to 5 minutes to maintain an 

employee’s medical or exposure record. 

Estimated Total Burden Hours: 64,142 

hours. 

Estimated Cost (Operation and 

Maintenance): $15,942,530. 

IV. 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), Secretary of Labor’s 

Order No. 5–2002 (67 FR 65008).

Signed at Washington, DC, on November 

30, 2004. 

John L. Henshaw, 

Assistant Secretary of Labor.

[FR Doc. 04–26805 Filed 12–6–04; 8:45 am] 

BILLING CODE 4510–26–M

DEPARTMENT OF LABOR

Occupational Safety and Health 

Administration 

[Docket No. ICR–1218–0137 (2005)] 

Design of Cave-in Protection Systems; 

Extension of the Office of Management 

and Budget’s (OMB) Approval of 

Information-Collection Requirements 

(Paperwork)

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor.

ACTION: Request for public comment.

SUMMARY: OSHA solicits comments 

concerning its request for an extension 

of the information-collection 

requirements contained in 29 CFR 

1926.652 Requirements for Protective 

Systems.

DATES: Comments must be submitted by 

the following dates: 

Hard Copy: Your comments must be 

submitted (postmarked or received) by 

February 7, 2005. 

Facsimile and electronic 

transmission: Your comments must be 

received by February 7, 2005.

ADDRESSES: You may submit comments, 

identified by OSHA Docket No. ICR–

1218–0137 (2005), by any of the 

following methods: 

Regular mail, express delivery, handdelivery, 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). The OSHA Docket Office and 

Department of Labor hours of operation 

are 8:15 a.m. to 4:45 p.m., ET. 

Facsimile: If your comments, 

including any attachments, are 10 pages 

or fewer, 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 Webpage 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 

Webpage at http://OSHA.gov. 

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 or Todd Owen 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:

Todd Owen or Theda Kenney, 

Directorate of Standards and Guidance, 

OSHA, Room N–3609, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Washington, DC 20210; telephone 

(202) 693–2222.

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 

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

transmission (facsimile), or (3) 

electronically through the OSHA 

Webpage. 

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 

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 Webpage are available at

http://www.OSHA.gov. Contact the 

OSHA Docket Office for information 

about materials not available through 

the OSHA Webpage and for assistance 

using the Webpage to locate docket 

submissions. 

Electronic copies of this Federal 

Register notice as well as other relevant 

documents are available on OSHA’s 

Webpage. 

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)

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Notices 70711

(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). 

Paragraphs (b) and (c) of § 1926.652 

(‘‘Requirements for Protective Systems’’; 

the ‘‘Standard’’) contain paperwork 

requirements that impose burden hours 

or costs on employers. These paragraphs 

require employers to use protective 

systems to prevent cave-ins during 

excavation work; these systems include 

sloping the side of the trench, benching 

the soil away from the excavation, or 

using a support system or shield (such 

as a trench box). The standard specifies 

allowable configuration and slopes for 

excavations, and provides appendices to 

assist employers in designing protective 

systems. However, paragraphs (b)(3) and 

(b)(4) of the Standard permit employers 

to design sloping or benching systems 

based on tabulated data (Option 1), or to 

use a design approved by a registered 

professional engineer (Option 2). 

Under Option 1, employers must 

provide the tabulated data in a written 

form that also identifies the registered 

professional engineer who approved the 

data and the parameters used to select 

the sloping or benching system drawn 

from the data, as well as the limitations 

of the data (including the magnitude 

and configuration of slopes determined 

to be safe); the document must also 

provide any explanatory information 

necessary to select the correct benching 

system based on the data. Option 2 

requires employers to develop a written 

design approved by a registered 

professional engineer. The design 

information must include the magnitude 

and configuration of the slopes 

determined to be safe, and the identity 

of the registered professional engineer 

who approved the design. 

Paragraphs (c)(2), (c)(3), and (c)(4) 

allow employers to design support 

systems, shield systems, and other 

protective systems based on tabulated 

data provided by a system manufacturer 

(Option 3) or obtained from other 

sources and approved by a registered 

professional engineer (Option 4); they 

can also use a design approved by a 

registered professional engineer (Option 

5). If they select Option 3, employers 

must complete a written form that 

provides the manufacturer’s 

specifications, recommendations, and 

limitations, as well as any deviations 

approved by the manufacturer. The 

paperwork requirements of Option 4 are 

the same as for Option 1. Option 5 

requires a written form that provides a 

plan indicating the sizes, types, and 

configurations of the materials used in 

the protective system and the identity of 

the registered professional engineer who 

approved the design. 

Each of these provisions requires 

employers to maintain a copy of the 

documents described in these options at 

the jobsite during construction. After 

construction is complete, employers 

may store the documents offsite 

provided they make them available to 

an OSHA compliance officer on request. 

These documents provide both the 

employer and the compliance officer 

with information needed to determine if 

the selection and design of a protective 

system are appropriate to the excavation 

work, thereby assuring employees of 

maximum protection against cave-ins.

III. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the information-collection 

requirements are necessary for the 

proper performance of the Agency’s 

functions, including whether the 

information is useful; 

•The accuracy of the Agency’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 is proposing to extend the 

information-collection requirements 

contained in 29 CFR 1926, Subpart Q, 

Concrete and Masonry Construction. 

The Agency will summarize the 

comments submitted in response to this 

notice and will include this summary in 

the request to OMB to extend the 

approval of the information-collection 

requirements contained in the Standard. 

Type of Review: Extension of 

currently approved informationcollection requirements. 

Title: Design of Cave-in Protection 

System. 

OMB Number: 1218–0137. 

Affected Public: Business or other forprofit. 

Number of Respondents: 20,000. 

Frequency of Response: On occasion. 

Total Responses: 20,000. 

Average Time per Response: Two 

hours to obtain information on the 

design of cave-in protection systems. 

Estimated Total Burden Hours: 20,000 

hours. 

Estimated Cost (Operation and 

Maintenance): $721,100. 

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), and Secretary of 

Labor’s Order No. 5–2002 (67 FR 

65008).

Signed at Washington, DC on November 

30, 2004. 

John L. Henshaw, 

Assistant Secretary of Labor.

[FR Doc. 04–26806 Filed 12–6–04; 8:45 am] 

BILLING CODE 4510–26–M

NATIONAL SCIENCE FOUNDATION

Notice of Permit Application Received 

Under the Antarctic Conservation Act 

of 1978

AGENCY: National Science Foundation.

ACTION: Notice of permit applications 

received under the Antarctic 

Conservation Act. 

SUMMARY: Notice is hereby given that 

the National Science Foundation (NSF) 

has received a waste management 

permit application for operation of 

remote field camps during a helicopter 

flight from Patriot Hills to South Pole 

and return. The application is submitted 

to NSF pursuant to regulations issued 

under the Antarctic Conservation Act of 

1978.

DATES: Interested parties are invited to 

submit written data, comments, or 

views with respect to this permit 

application by January 6, 2005. Permit 

applications may be inspected by 

interested parties at the Permit Office, 

address below.

ADDRESSES: Comments should be 

addressed to Permit Office, Room 755, 

Office of Polar Programs, National 

Science Foundation, 4201 Wilson 

Boulevard, Arlington, Virginia 22230.

FOR FURTHER INFORMATION CONTACT:

Nadene Kennedy at the above address or 

(703) 292–8030.

SUPPLEMENTARY INFORMATION: NSF’s 

Antarctic Waste Regulation, 45 CFR Part 

671, requires all U.S. citizens and 

entities to obtain a permit for the use or 

release of a designated pollutant in 

Antarctica, and for the release of waste 

in Antarctica. NSF has received a permit 

application under this Regulation for 

the operation of an expedition to 

Antarctica. Pole-to-Pole plans for two 

pilots to fly a Robinson R44 Raven II 

Helicopter from Ushuaia, Argentina to 

the South Pole and return to Patriot 

Hills, where the helicopter will be