Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Notices 68381 

(these are not toll-free numbers), e-mail: 

oira_submission@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michel Smyth by telephone at 202–693– 

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

by e-mail at dol_pra_public@dol.gov. 

SUPPLEMENTARY INFORMATION: The DOL 

is seeking OMB approval for a revision 

to the American Time Use Survey 

(ATUS). The ATUS is the Nation’s first 

federally administered, continuous 

survey on time use in the United States. 

It measures, for example, time spent 

with children, working, sleeping, or 

doing leisure activities. In the United 

States, several existing Federal surveys 

collect income and wage data for 

individuals and families, and analysts 

often use such measures of material 

prosperity as proxies for quality of life. 

Time-use data substantially augment 

these quality-of-life measures. The data 

also can be used in conjunction with 

wage data to evaluate the contribution 

of non-market work to national 

economies. This enables comparisons of 

production between nations that have 

different mixes of market and nonmarket activities. The ATUS develops 

nationally representative estimates of 

how people spend their time. 

Respondents also report who was with 

them during activities, where they were, 

how long each activity lasted, and if 

they were paid. All of this information 

has numerous practical applications for 

sociologists, economists, educators, 

government policymakers, 

businesspersons, health researchers, and 

others. 

The ATUS data are collected on an 

ongoing, monthly basis, allowing 

analysts to identify changes in how 

people spend their time. The survey 

sample is drawn from households 

completing their final month of 

interviews for the Current Population 

Survey (CPS). Households are selected 

to ensure a representative demographic 

sample, and one individual from each 

household is selected to take part in one 

Computer Assisted Telephone 

Interview. The interview asks 

respondents to report all of their 

activities for one pre-assigned 24-hour 

day, the day prior to the interview. A 

short series of summary questions and 

CPS updates follows the core time diary 

collection. 

The ATUS is an information 

collection subject to the PRA. A Federal 

agency generally cannot conduct or 

sponsor a collection of information, and 

the public is generally not required to 

respond to an information collection, 

unless it is currently approved by the 

OMB under the PRA and displays a 

currently valid OMB Control Number. 

In addition, notwithstanding any other 

provision of law, no person shall 

generally be subject to penalty for 

failing to comply with a collection of 

information if the collection of 

information does not display a currently 

valid OMB Control Number. See 5 CFR 

1320.5(a) and 1320.6. The DOL obtains 

OMB approval for this information 

collection under OMB Control Number 

1220–0175. The current OMB approval 

is scheduled to expire on August 31, 

2012. For additional information, see 

the related notice published in the 

Federal Register on June 30, 2010 (75 

FR 37838). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within 30 days of publication of 

this notice in the Federal Register. In 

order to ensure the appropriate 

consideration, comments should 

reference OMB Control Number 1220– 

0175. The OMB is particularly 

interested in comments that: 

• 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: Bureau of Labor Statistics. 

Type of Review: Revision of a 

currently approved collection. 

Title of Collection: American Time 

Use Survey. 

Form Numbers: None. 

OMB Control Number: 1220–0175. 

Affected Public: Individuals or 

Households. 

Total Estimated Number of 

Respondents: 13,200. 

Total Estimated Number of 

Responses: 13,200. 

Total Estimated Annual Burden 

Hours: 4,345. 

Total Estimated Annual Costs Burden: 

$0. 

Dated: October 27, 2010. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2010–27965 Filed 11–4–10; 8:45 am] 

BILLING CODE 4510–24–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2010–0042] 

Gear Certification 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 comments. 

SUMMARY: OSHA solicits public 

comments concerning its proposal to 

extend OMB approval of the 

information collection requirements 

specified in the Gear Certification 

Standard (29 CFR part 1919). 

DATES: Comments must be submitted 

(postmarked, sent, or received) by 

January 4, 2011. 

ADDRESSES: 

Electronically: You may submit 

comments and attachments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Facsimile: If your comments, 

including attachments, are not longer 

than 10 pages, you may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Mail, hand delivery, express mail, 

messenger, or courier service: When 

using this method, you must submit a 

copy of your comments and attachments 

to the OSHA Docket Office, Docket No. 

OSHA–2010–0042, U.S. Department of 

Labor, Occupational Safety and Health 

Administration, Room N–2625, 200 

Constitution Avenue, NW., Washington, 

DC 20210. Deliveries (hand, express 

mail, messenger, and courier service) 

are accepted during the Department of 

Labor’s and Docket Office’s normal 

business hours, 8:15 a.m. to 4:45 p.m., 

e.t. 

Instructions: All submissions must 

include the Agency name and OSHA 

docket number for the Information 

Collection Request (ICR) (OSHA–2010– 

0042). All comments, including any 

personal information you provide, are 

placed in the public docket without 

change, and may be made available 

online at http://www.regulations.gov. 

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68382 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Notices 

For further information on submitting 

comments see the ‘‘Public Participation’’ 

heading in the section of this notice 

titled ‘‘Supplementary Information.’’ 

Docket: To read or download 

comments or other material in the 

docket, go to http://www.regulations.gov 

or the OSHA Docket Office at the 

address above. All documents in the 

docket (including this Federal Register 

notice) are listed in the http:// 

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through the website. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

You may also contact Theda Kenney at 

the address below to obtain a copy of 

the ICR. 

FOR FURTHER INFORMATION CONTACT: 

Theda Kenney or Todd Owen, 

Directorate of Standards and Guidance, 

OSHA, U.S. Department of Labor, Room 

N–3609, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2222. 

SUPPLEMENTARY INFORMATION: 

I. 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 (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 OSH 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 OSH Act 

also requires that OSHA obtain such 

information with minimum burden 

upon employers, especially those 

operating small businesses, and to 

reduce to the maximum extent feasible 

unnecessary duplication of efforts in 

obtaining information (29 U.S.C. 657). 

The ICR addresses the burden hours 

associated with gathering information to 

complete the OSHA 70 Form. The 

OSHA 70 Form is used by applicants 

seeking accreditation from OSHA to be 

able to test or examine certain 

equipment and material handling 

devices as required under the maritime 

regulations, part 1917 (Marine 

Terminals), and part 1918 

(Longshoring). The OSHA 70 Form 

application for accreditation provides 

an easy means for companies to apply 

for accreditation. The collection of 

information needed to complete the 

OSHA 70 Form is necessary to provide 

an effective and efficient means of 

enabling employers and workers to 

determine if cargo gear, equipment and/ 

or other material handling devices are 

safe to use. The information is collected 

every time a maritime material handling 

device is tested or examined. Proof-load 

examinations are conducted every four 

years, while visual examinations are 

conducted yearly. 

II. 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. 

III. Proposed Actions 

OSHA is requesting that OMB extend 

its approval of the information 

collection requirements contained in the 

Standard on Gear Certification (29 CFR 

part 1919). The Agency is requesting 

that it retain its current estimate of 190 

burden hours. The Agency will 

summarize the comments submitted in 

response to this notice and will include 

this summary in the request to OMB. 

Type of Review: Extension of a 

currently approved collection. 

Title: Gear Certification Standard (29 

CFR part 1919); OSHA 70 Form. 

OMB Number: 1218–0003. 

Affected Public: Business or other forprofits. 

Number of Respondents: 50. 

Total Responses: 450. 

Estimated Time per Response: Varies 

from 5 minutes (.08 hour) for an 

employer to disclose the OSHA 70 Form 

to an OSHA Compliance Officer during 

an inspection to 45 minutes (.75 hour) 

for a prospective accredited agency to 

complete the form. 

Total Burden Hours: 190. 

Estimated Cost (Operation and 

Maintenance): $2,872,640. 

IV. Public Participation—Submission of 

Comments on this Notice and Internet 

Access to Comments and Submissions 

You may submit comments in 

response to this document as follows: 

(1) Electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal; (2) by 

facsimile (fax); or (3) by hard copy. All 

comments, attachments, and other 

material must identify the Agency name 

and the OSHA docket number for the 

ICR (Docket No. OSHA–2010–0042). 

You may supplement electronic 

submissions by uploading document 

files electronically. If you wish to mail 

additional materials in reference to an 

electronic or facsimile submission, you 

must submit them to the OSHA Docket 

Office (see the section of this notice 

titled ADDRESSES). The additional 

materials must clearly identify your 

electronic comments by your name, 

date, and the docket number so the 

Agency can attach them to your 

comments. 

Because of security procedures, the 

use of regular mail may cause a 

significant delay in the receipt of 

comments. For information about 

security procedures concerning the 

delivery of materials by hand, express 

delivery, messenger, or courier service, 

please contact the OSHA Docket Office 

at (202) 693–2350, (TTY (877) 889– 

5627). 

Comments and submissions are 

posted without change at http:// 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

personal information such as social 

security numbers and date of birth. 

Although all submissions are listed in 

the http://www.regulations.gov index, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through this Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Information on using the http:// 

www.regulations.gov Web site to submit 

comments and access the docket is 

available at the website’s ‘‘User Tips’’ 

link. Contact the OSHA Docket Office 

for information about materials not 

available through the website, and for 

assistance in using the Internet to locate 

docket submissions. 

V. Authority and Signature 

David Michaels, PhD, MPH, Assistant 

Secretary of Labor for Occupational 

Safety and Health, directed the 

preparation of this notice. The authority 

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Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Notices 68383 

1See 75 FR 41600, at 41603, July 16, 2010. 

2Section 3(1) of ERISA defines the term 

‘‘employee welfare plan’’ and ‘‘welfare plan’’ to mean 

any plan, fund, or program which was heretofore 

or is hereafter established or maintained by an 

employer or by an employee organization, or by 

both, to the extent that such plan, fund, or program 

was established or is maintained for the purpose of 

providing for its participants or their beneficiaries, 

through the purchase of insurance or otherwise, (A) 

medical, surgical, or hospital care or benefits, or 

benefits in the event of sickness, accident, 

disability, death or unemployment, or vacation 

benefits, apprenticeship or other training programs, 

or day care centers, scholarship funds, or prepaid 

legal services, or (B) any benefit described in 

section 302(c) of the Labor Management Relations, 

1947 (other than pensions on retirement or death, 

and insurance to provide such pensions). 

for this notice is the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3506 

et seq.) and Secretary of Labor’s Order 

No. 4–2010 (75 FR 55355). 

Signed at Washington, DC, on November 1, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–27946 Filed 11–4–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Hearing on Reasonable Contracts or 

Arrangements for Welfare Benefit 

Plans Under Section 408(b)(2)— 

Welfare Plan Fee Disclosure 

AGENCY: Employee Benefits Security 

Administration, U.S. Department of 

Labor. 

ACTION: Notice of hearing. 

SUMMARY: Notice is hereby given that 

the Employee Benefits Security 

Administration will hold a hearing to 

consider issues relating to the disclosure 

of fee, conflict of interest and other 

information by service providers to 

group health, disability, severance and 

other employee welfare benefit plans 

under section 408(b)(2) of the Employee 

Retirement Income Security Act. 

DATES: The hearing will be held on 

December 7, 2010, beginning at 9 a.m., 

EST. 

ADDRESSES: The hearing will be held at 

the U.S. Department of Labor, Room S– 

4215 (A–C), 200 Constitution Avenue, 

NW., Washington, DC 20210. 

FOR FURTHER INFORMATION CONTACT: Fil 

Williams, Office of Regulations and 

Interpretations, Employee Benefits 

Security Administration, U.S. 

Department of Labor, at (202) 693–8500. 

This is not a toll-free number. 

SUPPLEMENTARY INFORMATION: Section 

408(b)(2) of the Employee Retirement 

Income Security Act, as amended 

(ERISA), provides relief from the 

prohibited transaction rules of section 

406 for service contracts or 

arrangements between a plan and a 

party in interest, as defined in ERISA 

section 3(14), if the contract or 

arrangement is reasonable, the services 

are necessary for the establishment or 

operation of the plan, and no more than 

reasonable compensation is paid for the 

services. Regulations, at 29 CFR 

2550.408b–2, clarify the conditions of 

the exemption. On July 16, 2010, the 

Department published an interim final 

regulation amending paragraph (c) of 

§ 2550.408b–2 to require certain service 

providers to employee pension benefit 

plans to disclose information to assist 

plan fiduciaries in assessing the 

reasonableness of contracts or 

arrangements, including the 

reasonableness of the service providers’ 

compensation and potential conflicts of 

interest that may affect the service 

providers’ performance. As proposed, 

paragraph (c) of § 2550.408b–2 would 

have applied to all pension and welfare 

benefit plans. However, in response to 

the invitation for comments on the 

proposal, the Department received a 

number of comments arguing that the 

Department’s rationales for the 

proposed rule apply to pension plans, 

but not to welfare benefit plans. Other 

commenters argued that if the 

Department creates a disclosure regime 

for welfare benefit plan service 

providers, it should be promulgated 

separately. 

Specific concerns raised by 

commenters relating to welfare benefit 

plans included the potential for negative 

effects on the insurance industry, 

which, they assert, is highly regulated 

by State laws. In this regard, 

commenters asserted that, considering 

the high level of State regulation, 

subjecting welfare benefit plans to the 

disclosure regulation would be 

unnecessary and redundant because the 

disclosures contemplated in the 

regulation are already made available to 

plan fiduciaries through State regulatory 

processes. Other commenters noted that 

most State insurance laws do not 

require the types of disclosures 

addressed under the proposed rule and 

even where such State laws exist, they 

are loosely enforced. Certain 

commenters asserted that there are 

‘‘transparency problems’’ in general in 

the health and welfare industry, and 

that these problems should be addressed 

to the extent they affect employee 

welfare benefit plans. At least one 

commenter addressed specific concerns 

of pharmacy benefit managers (PBMs), 

which are intermediaries between drug 

manufacturers and health insurance 

plans. This commenter stated that PBMs 

believe that the reasons for disclosure 

discussed in the preamble to the 

proposed rule are inapplicable to them. 

Other commenters disputed the idea 

that PBMs should not be subject to the 

regulation, arguing that the discounts 

and rebates they receive from drug 

companies are examples of undisclosed 

indirect compensation. 

As explained in the preamble to the 

interim final regulation, the Department 

continues to believe that fiduciaries and 

service providers to welfare benefit 

plans would benefit from regulatory 

guidance regarding fees and conflicts of 

interest for the same reasons that apply 

to fiduciaries and service providers to 

pension plans. The Department 

acknowledged in the preamble, 

however, that, taking into account the 

pubic comments on the proposal, there 

may be sufficient differences between 

welfare and pension plan arrangements 

to justify separate consideration of 

welfare plan-related disclosures.1 In this 

regard, the Department has decided to 

begin its consideration of welfare planrelated disclosures by holding a public 

hearing on December 7, 2010. The 

purpose of this hearing is to obtain 

information, related data and views 

from interested persons regarding the 

application of the standards set forth in 

interim-final regulation § 2550.408b– 

2(c) to welfare benefit plans. 

Specifically, the Department is 

interested in exploring what particular 

provisions of the interim-final 

regulation should not apply to welfare 

plans and why. The Department also is 

interested in exploring whether, or to 

what extent, disclosure rules under 

section 408(b)(2) should apply to all 

welfare benefit plans, e.g., group health 

plans, severance plans, vacation plans, 

apprenticeship and training plans, etc, 

or to only a subset, or whether different 

disclosure standards are needed for 

different types of welfare benefit plans.2

The hearing will be held on December 

7, 2010, beginning at 9 a.m. at the 

Department of Labor, Francis Perkins 

Building, Room S–4215 (A–C), 200 

Constitution Avenue, NW., Washington, 

DC 20210. 

Persons interested in presenting 

testimony and answering questions at 

this public hearing must submit, by 3:30 

p.m., EST, November 17, 2010, the 

following information: (1) A written 

request to be heard; and (2) An outline 

of the topics to be discussed, indicating 

the time allocated to each topic. To 

facilitate the receipt and processing of 

responses, EBSA encourages interested 

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