66468 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 

1These sections identify usual and customary 

communications between employers, contractors, 

and employees; therefore, they do not impose 

burden hours or costs on the employer. For 

example, as a matter of business practice, 

information about hazards and permit-required 

confined spaces, etc., would be conveyed to 

contractors during initial discussions of work to be 

performed. 

beneficiaries would have a means to 

obtain the documents without 

requesting them from the plan 

administrator. The new section 104(a)(6) 

authorizes the Department to request 

these documents on behalf of plan 

participants and beneficiaries. 

Ira L. Mills, 

Departmental Clearance Officer. 

[FR Doc. 05–21842 Filed 11–1–05; 8:45 am] 

BILLING CODE 4510–23–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

October 31, 2005. 

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: Permit-Required Confined 

Spaces (29 CFR 1910.146). 

OMB Number: 1218–0203. 

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: 238,853. 

Number of Annual Responses: 

9,124,977. 

Estimated Time Per Response: Varies 

from 1 minute to maintain a certificate 

to 16 hours to develop a written permit 

space entry program. 

Total Burden Hours: 1,523,763. 

Total Annualized capital/startup 

costs: $0. 

Total Annual Costs (operating/ 

maintaining systems or purchasing 

services): $. 

Description: 29 CFR 1910.146 

specifies a number of collections of 

information requirements. The 

collections of information are used by 

employers and employees whenever 

entry is made into permit-required 

confined spaces. The following sections 

describe who uses the information 

collected under each requirement, as 

well as how they use it. The purpose of 

the information is to ensure that 

employers systematically evaluate the 

dangers in permit spaces before entry is 

attempted and to ensure that adequate 

measures are taken to make the spaces 

safe for entry. In addition, the 

information is needed to determine, 

during an OSHA inspection by a 

compliance safety and health officer, if 

employers are in compliance with the 

Standard. 

Section 1910.146(c)(2) requires the 

employer to post danger signs to inform 

exposed employees of the existence and 

location of, and the danger posed by, 

permit spaces. 

Section 1910.146(c)(4) requires the 

employer to develop and implement a 

written ‘‘permit space program’’ if the 

employer decides that its employees 

will enter permit spaces. The written 

program is to be made available for 

inspection by employees and their 

authorized representatives. Section 

1910.146(d) provides the employer with 

the requirements of a permit-required 

confined space program (‘‘permit space 

program’’) required under this 

paragraph. 

Section 1910.146(c)(5)(i)(E) requires 

that the determinations and supporting 

data specified by paragraphs (c)(5)(i)(A), 

(c)(5)(i)(B), and (c)(5)(i)(C) of this 

section are documented by the employer 

and are made available to each 

employee who enters a permit space or 

to that employee’s authorized 

representative. 

Under paragraph (c)(5)(ii)(H) of 

§ 1910.146, the employer is required to 

verify that the space is safe for entry and 

that the pre-entry measures required by 

paragraph (c)(5)(ii) of this section have 

been taken, using a written certification 

that contains the date, the location of 

the space, and the signature of the 

person providing the certification. The 

certification is to be made before entry 

and is required to be made available to 

each employee entering the space or to 

that employee’s authorized 

representative. 

Section 1910.146(c)(7)(iii) requires the 

employer to document the basis for 

determining that all hazards in a permit 

space have been eliminated using a 

certification that contains the date, the 

location of the space, and the signature 

of the person making the determination. 

The certification is to be made available 

to each employee entering the space or 

to that employee’s authorized 

representative. 

Section 1910.146(c)(8)(i) requires that 

the employer inform the contractor that 

the workplace contains permit spaces 

and that permit space entry is allowed 

only through compliance with a permit 

space program meeting the requirements 

of this section. Section 1910.146(c)(8)(ii) 

requires that the employer apprise the 

contractor of the elements, including the 

hazards identified and the host 

employer’s experience with the space, 

that make the space in question a permit 

space. Section 1910.146(c)(8)(iii) 

requires that the employer apprise the 

contractor of any precautions or 

procedures that the host employer has 

implemented for the protection of 

employees in or near permit spaces 

where contractor personnel will be 

working. Section 1910.146(c)(8)(v) 

requires the employer to debrief the 

contractor at the conclusion of the entry 

operations regarding the permit space 

program followed and regarding any 

hazards confronted or created in permit 

spaces during entry operations.1

Section 1910.146(c)(9)(iii) requires 

that the contractor inform the host 

employer of the permit space program 

Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 66469 

2See footnote 1. 

3See footnote 1. 

4The Agency concludes that the training required 

under § 1910.146(g)(1) through (g)(3) and (k)(2)(ii) 

and (k)(2)(iii) § 1910.146(k) is written in 

performance-oriented language and, thus, not 

considered a collection of information under the 

implementing rules and guidelines of PRA–95. 

5The burden hours and cost for MSDS 

accessibility is taken under OMB Control Number 

1218–0072 (the Hazard Communication Standard 

(HCS) ICR). 

6See footnote 1. 

that the contractor will follow and of 

any hazards confronted or created in 

permit spaces, either through a 

debriefing or during the entry 

operation.2

Section 1910.146(d)(5)(vi) requires the 

employer to immediately provide each 

authorized entrant or that employee’s 

authorized representative with the 

results of any testing conducted in 

accordance with paragraph (d) of this 

section.3

Section 1910.146(e)(1) requires the 

employer to document the completion 

of measures required by paragraph (d)(3) 

by preparing an entry permit before 

employee entry is authorized. Paragraph 

(f) of § 1910.146 specifies the 

information to be included on the entry 

permit. Paragraph (e)(3) requires that the 

employer make the completed permit 

available at the time of entry to all 

authorized entrants by posting the 

permit at the entry portal or by any 

other equally effective means, so that 

the entrants can confirm that pre-entry 

preparations have been completed. 

Paragraph (e)(6) requires the employer 

to retain each canceled entry permit for 

at least one year. 

Section 1910.146(g)(4) requires that 

the employer certify that the training 

required by paragraphs (g)(1) through 

(g)(3) 4 has been accomplished by 

preparing a written certification record. 

Section 1910.146(k)(1)(iv) requires 

that the employer inform each rescue 

team or service of the hazards they may 

confront when called on to perform 

rescue at the site. 

Section 1910.146(k)(2)(ii) requires 

that the employer train affected 

employees to perform assigned rescue 

duties. The employer must ensure that 

such employees successfully complete 

the training required to establish 

proficiency as an authorized entrant, as 

provided by paragraphs (g) and (h) of 

this section. Section 1910.146(k)(2)(iii) 

requires that the employer train affected 

employees in basic first-aid and 

cardiopulmonary resuscitation (CPR). 

The employer shall ensure that at least 

one member of the rescue team or 

service holding a current certification in 

first aid and CPR is available. 

Section 1910.146(k)(4) requires that if 

an injured entrant is exposed to a 

substance for which a Material Safety 

Data Sheet (MSDS) or other similar 

written information is required to be 

kept at the worksite, that the employer 

make the MSDS or written information 

available to the medical facility treating 

the exposed entrant.5

Section 1910.146(l)(2) requires that 

employers make all information 

required to be developed by this section 

available to affected employees and 

their authorized representatives.6

Agency: Occupational Safety and 

Health Administration. 

Type of Review: Extension of 

currently approved collection. 

Title: Vehicle-Mounted Elevating and 

Rotating Work Platforms (Aerial Lifts) 

(29 CFR 1910.67). 

OMB Number: 1218–0230. 

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: 1,000. 

Number of Annual Responses: 1,014. 

Estimated Time Per Response: Varies 

from 1 minute to maintain the 

manufacturer’s certification record to 2 

minutes to disclose it to an OSHA 

Compliance Officer. 

Total Burden Hours: 21. 

Total Annualized capital/startup 

costs: $0. 

Total Annual Costs (operating/ 

maintaining systems or purchasing 

services): $0. 

Description: OSHA’s VehicleMounted Elevating and Rotating Work 

Platforms Standard (29 CFR 1910.67) 

(the ‘‘Standard’’) specifies one 

paperwork requirement. 

Manufacturer’s Certification of 

Modification (paragraph (b)(2)). The 

Standard requires that when aerial lifts 

are ‘‘field modified’’ for uses other than 

those intended by the manufacturer, the 

manufacturer or other equivalent entity, 

such as a nationally recognized testing 

laboratory, must certify in writing that 

the modification is in conformity with 

all applicable provisions of ANSI 

A92.2–1969 and the OSHA Standard 

and that the modified aerial lift is at 

least as safe as the equipment was 

before modification. Employers are to 

maintain the certification record and 

make it available to OSHA compliance 

officers. This record provides assurance 

to employers, employees, and 

compliance officers that the aerial lift is 

safe for use, thereby preventing failure 

while employees are being elevated. The 

certification record also provides the 

most efficient means for the compliance 

officers to determine that an employer is 

complying with the Standard. 

Ira L. Mills, 

Departmental Clearance Officer. 

[FR Doc. 05–21843 Filed 11–1–05; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification 

The following parties have filed 

petitions to modify the application of 

existing safety standards under section 

101(c) of the Federal Mine Safety and 

Health Act of 1977. 

1. Kennecott Energy Company 

[Docket No. M–2005–071–C] 

Kennecott Energy Company, 748 T–7 

Road (82718), P.O. Box 1449, Gillette, 

Wyoming 82717–1449 has filed a 

petition to modify the application of 30 

CFR 77.803 (Fail safe ground check 

circuits on high-voltage resistance 

grounded systems) to its Cordero-Rojo 

Mine (MSHA I.D. No. 48–00992), Jacobs 

Ranch Mine (MSHA I.D. No. 48–00997) 

located in Campbell County, Wyoming; 

Antelope Mine (MSHA I.D. No. 48–

01337) located in Converse County, 

Wyoming; Spring Creek Mine (I.D. No. 

24–01457) located in Bighorn County, 

Montana; and Colowyo Coal Mine 

(MSHA I.D. No. 05–02962) located in 

Moffat County, Colorado. The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance when the boom/ 

mast is raised or lowered during 

necessary repairs. The petitioner has 

listed specific procedures in this 

petition that will be followed when the 

alternative method is implemented. The 

petitioner asserts that the proposed 

alternative method would provide at 

least the same measure of protection as 

the existing standard. 

Request for Comments 

Persons interested in these petitions 

are encouraged to submit comments via 

E-mail: zzMSHA-Comments@dol.gov; 

Fax: (202) 693–9441; or Regular Mail/ 

Hand Delivery/Courier: Mine Safety and 

Health Administration, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209. All 

comments must be postmarked or 

received in that office on or before 

December 2, 2005. Copies of these 

petitions are available for inspection at 

that address.