Submission for OMB Review: Comment Request, 10686-10687 [05-4211]

Download as PDF 10686 Federal Register / Vol. 70, No. 42 / Friday, March 4, 2005 / Notices Affected Public: Business or other forprofit; not-for-profit institutions; individuals or households; State, local, or tribal government; and Federal government. Number of Respondents: 10. Estimated Annual Responses: 10. Average Response Time: 5 hours. Total Annual Burden Hours: 50. Total Annualized capital/startup costs: $0. Total Annual Costs (operating/ maintaining systems or purchasing services): $20.00. Description: The Equal Access to Justice Act (EAJA) provides for the award of fees and expenses, under certain circumstances, to parties involved in adversary adjudications with the United States. 5 U.S.C. 504. The statute, at 5 U.S.C. 504(a)(2), requires that a party seeking an award of fees and expenses in a covered proceeding must submit to the agency ‘‘an application which shows that the party is the prevailing party and is eligible to receive an award’’ under EAJA. The Department of Labor’s regulations at 29 CFR part 16 implement EAJA, and 29 CFR 16.201 sets forth the required elements of an EAJA award application. Under this regulation, EAJA award applications must include information regarding the following: The identity of the applicant, the proceeding for which an award is sought, the fact that the applicant has prevailed, the agency position alleged not to be substantially justified, the number of employees of the applicant at the time the proceeding was instituted (if the applicant is other than an individual), the type and purpose of the applicant’s organization or business (if applicable), net worth and/or other designated information, and amounts requested. Certain certifications, affidavits and other documents also are required. See 29 CFR 16.201–16.204 for a complete description of information required from applicants. Ira L. Mills, Departmental Clearance Officer. [FR Doc. 05–4210 Filed 3–3–05; 8:45 am] BILLING CODE 4510–23–P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request February 25, 2005. The Department of Labor (DOL) has submitted the following public information collection requests (ICRs) to VerDate jul<14>2003 19:07 Mar 03, 2005 Jkt 205001 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: Underground Construction Standard (29 CFR 1926.800). OMB Number: 1218–0067. Frequency: On occasion and annually. Type of Response: Recordkeeping and third party disclosure. Affected Public: Business or other forprofit. Number of Respondents: 323. Number of Annual Responses: 885,762. Estimated Time Per Response: Varies from 30 seconds to read and record airquality test results to one hour to inspect, load test, and complete and maintain a certification record for a hoist. Total Burden Hours: 57,949. Total Annualized capital/startup costs: $0. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 Total Annual Costs (operating/ maintaining systems or purchasing services): $117,000. Description: Seven paragraphs in the Underground Construction Standard (‘‘the Standard’’) require employers to post warning signs or notices during underground construction; these paragraphs are (b)(3), (i)(3), (j)(1)(vi)(A), (m)(2)(ii), (o)(2), (q)(11), and (t)(1)(iv)(B). The warning signs and notices required by these paragraphs enable employers to effectively alert employees to the presence of hazards or potential hazards at the job site, thereby preventing employee exposure to hazards or potential hazards associated with underground construction that could cause death or serious harm. Certification inspection records for hoist. Paragraph (t)(i)(xxi) of the Standard requires employers to inspect and load test hoists when they install them, and at least annually thereafter; they must also inspect and load test a hoist after making any repairs or alterations to it that affect its structural integrity, and after tripping a safety device on the hoist. Employers must also prepare a certification record of each inspection and load test that includes specified information, and maintain the most recent certification record until they complete the construction project. Establishing and maintaining a written record of the most recent inspection and load test alerts equipment mechanics to problems identified during the inspection. Prior to returning the equipment to service, employers can review the records to ensure that the mechanics performed the necessary repairs and maintenance. Accordingly, by using only equipment that is in safe working order, employers will prevent severe injury and death to the equipment operators and other employees who work near the equipment. In addition, these records provide the most efficient means for OSHA compliance officers to determine that an employer performed the required inspections and load tests, thereby assuring that the equipment is safe to operate. Developing and maintaining records for air-quality tests. Paragraph (j)(3) of the Standard mandates that employers develop records for air-quality tests performed under paragraph (j), including air-quality tests required by paragraphs (j)(1)(ii)(A) through (j)(1)(iii)(A), (j)(1)(iii)(B), (j)(1)(iii)(C), (j)(1)(iii)(D), (j)(1)(iv), (j)(1)(v)(A), (j)(1)(v)(B), and (j)(2)(i) through (j)(2)(v). Paragraph (j) also requires that airquality records include specified information, and that employers E:\FR\FM\04MRN1.SGM 04MRN1 10687 Federal Register / Vol. 70, No. 42 / Friday, March 4, 2005 / Notices maintain the records until the underground-construction project is complete; they must also make the records available to OSHA compliance officers on request. Maintaining records of air-quality tests allow employers to document atmospheric hazards, and to ascertain the effectiveness of controls (especially ventilation) and implement additional controls if necessary. Accordingly, these requirements prevent serious injury and death to employees who work on undergroundconstruction projects. In addition, these records provide an efficient means for employees to evaluate the accuracy and effectiveness of an employer’s exposurereduction program, and for OSHA compliance officers to determine that employers performed the required tests and implemented appropriate controls. Agency: Occupational Safety and Health Administration. Type of Review: Extension of currently approved collection. Title: Construction Standards on Posting Emergency Telephone Numbers and Floor Load Limits. OMB Number: 1218–0093. Frequency: On occasion. Type of Response: Third party disclosure. Affected Public: Business or other forprofit; not-for-profit institutions; Federal government; and State, local, or tribal government. Number of Respondents: 74,325. Number of Annual Responses: 74,325. Estimated Time per Response: 2 minutes for posting an emergency telephone number and 15 minutes for posting floor load limits. Total Burden Hours: 8,901. Total Annualized capital/startup costs: $0. Total Annual Costs (operating/ maintaining systems or purchasing services): $0. Description: Two Construction standards, ‘‘Medical Services and First Aid’’ (Sec. 1926.50), and ‘‘General Requirements for Storage’’ (Sec. 1926.250), contain posting provisions. Paragraph (f) of Sec. 1926.50 requires employers to post emergency telephone numbers for physicians, hospitals, or ambulances at the worksite if the 911 emergency telephone services is not available; in the event an employee has a serious injury at the worksite, this posting requirement expedites emergency medical treatment of the employee. Paragraph (a)(2) of Sec. 1926.250 specifies that employers must post the maximum safe load limits of floors located in storage areas inside buildings or other structures, unless the floors are on grade. This provision VerDate jul<14>2003 19:07 Mar 03, 2005 Jkt 205001 prohibits employers from overloading floors in areas used to store material and equipment in multi-story units that are under construction, thereby preventing the floors from collapsing and seriously injuring employees. Agency: Occupational Safety and Health Administration. Type of Review: Extension of currently approved collection. Title: Cranes and Derricks Standards for Construction: Posting Weight and Load Capacity of Personnel Platforms. OMB Number: 1218–0151. Frequency: On occasion. Type of Response: Third party disclosure. Affected Public: Business or other forprofit; not-for-profit institutions; Federal government; and State, local, or tribal government. Number of Respondents: 2,750. Number of Annual Responses: 2,750. Estimated Time per Response: 5 minutes. Total Burden Hours: 229. Total Annualized capital/startup costs: $0. Total Annual Costs (operating/ maintaining systems or purchasing services): $0. Description: Paragraph (g)(4)(ii)(I) of the Cranes and Derricks Standard for Construction (Sec. 1926.550) requires employers to post conspicuously with a plate or other permanent marking the weight and rated load capacity or maximum intended loads of each platform used to raise and lower employees to a worksite using a crane or derrick. This requirement helps employers to avoid exceeding the lifting capacity of such platforms and the cranes or derrick being used to lift the platforms. Therefore, this requirement can prevent the platform, crane, or derrick from collapsing and causing serious injury or death to employees on or below the platform. Ira L. Mills, Departmental Clearance Officer. [FR Doc. 05–4211 Filed 3–3–05; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Employment and Training Administration Revised Schedule of Remuneration for the UCX Program Under Section 8521(a)(2) of Title 5 of the United States Code, the Secretary of Labor is required to issue a Schedule of Remuneration specifying the pay and allowances for each pay grade of members of the military services. The PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 schedules are used to calculate the base period wages and benefits payable under the Unemployment Compensation for Ex-servicemembers (UCX) Program. The revised schedule reflects increases in military pay and allowances which are effective as of January 2, 2005. Accordingly, the following new Schedule of Remuneration, issued pursuant to 20 CFR 614.12(c), applies to UCX ‘‘first claims’’ filed beginning with the first day of the first week which begins on or after January 2, 2005. Pay grade Monthly wage rate (1) Commissioned Officers 0–10 ........................................ 0–9 .......................................... 0–8 .......................................... 0–7 .......................................... 0–6 .......................................... 0–5 .......................................... 0–4 .......................................... 0–3 .......................................... 0–2 .......................................... 0–1 .......................................... $15,794.44 15,505.47 14,332.05 13,029.68 11,110.25 9,350.01 7,980.46 6,243.46 4,978.80 3,793.06 (2) Commissioned Officers With Over 4 Years Active Duty As An Enlisted Member or Warrant Officer 0–3E ....................................... 0–2E ....................................... 0–1E ....................................... 7,261.85 5,954.09 5,070.74 (3) Warrant Officers W–5 W–4 W–3 W–2 W–1 ........................................ ........................................ ........................................ ........................................ ........................................ 8,241.70 7,290.50 6,237.04 5,348.60 4,486.11 (4) Enlisted Personnel E–9 E–8 E–7 E–6 E–5 E–4 E–3 E–2 E–1 ......................................... ......................................... ......................................... ......................................... ......................................... ......................................... ......................................... ......................................... ......................................... 6,979.58 5,876.55 5,176.04 4,475.77 3,704.19 3,071.39 2,751.65 2,618.25 2,388.62 The publication of this new Schedule of Remuneration does not revoke or change the period of time for any prior schedule that was in effect. Signed at Washington, DC, on February 28, 2005. Emily Stover DeRocco, Assistant Secretary of Labor. [FR Doc. E5–896 Filed 3–3–05; 8:45 am] BILLING CODE 4510–30–P E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 70, Number 42 (Friday, March 4, 2005)]
[Notices]
[Pages 10686-10687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4211]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review: Comment Request

February 25, 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: Underground Construction Standard (29 CFR 1926.800).
    OMB Number: 1218-0067.
    Frequency: On occasion and annually.
    Type of Response: Recordkeeping and third party disclosure.
    Affected Public: Business or other for-profit.
    Number of Respondents: 323.
    Number of Annual Responses: 885,762.
    Estimated Time Per Response: Varies from 30 seconds to read and 
record air-quality test results to one hour to inspect, load test, and 
complete and maintain a certification record for a hoist.
    Total Burden Hours: 57,949.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $117,000.
    Description: Seven paragraphs in the Underground Construction 
Standard (``the Standard'') require employers to post warning signs or 
notices during underground construction; these paragraphs are (b)(3), 
(i)(3), (j)(1)(vi)(A), (m)(2)(ii), (o)(2), (q)(11), and (t)(1)(iv)(B). 
The warning signs and notices required by these paragraphs enable 
employers to effectively alert employees to the presence of hazards or 
potential hazards at the job site, thereby preventing employee exposure 
to hazards or potential hazards associated with underground 
construction that could cause death or serious harm.
    Certification inspection records for hoist. Paragraph (t)(i)(xxi) 
of the Standard requires employers to inspect and load test hoists when 
they install them, and at least annually thereafter; they must also 
inspect and load test a hoist after making any repairs or alterations 
to it that affect its structural integrity, and after tripping a safety 
device on the hoist. Employers must also prepare a certification record 
of each inspection and load test that includes specified information, 
and maintain the most recent certification record until they complete 
the construction project.
    Establishing and maintaining a written record of the most recent 
inspection and load test alerts equipment mechanics to problems 
identified during the inspection. Prior to returning the equipment to 
service, employers can review the records to ensure that the mechanics 
performed the necessary repairs and maintenance. Accordingly, by using 
only equipment that is in safe working order, employers will prevent 
severe injury and death to the equipment operators and other employees 
who work near the equipment. In addition, these records provide the 
most efficient means for OSHA compliance officers to determine that an 
employer performed the required inspections and load tests, thereby 
assuring that the equipment is safe to operate.
    Developing and maintaining records for air-quality tests. Paragraph 
(j)(3) of the Standard mandates that employers develop records for air-
quality tests performed under paragraph (j), including air-quality 
tests required by paragraphs (j)(1)(ii)(A) through (j)(1)(iii)(A), 
(j)(1)(iii)(B), (j)(1)(iii)(C), (j)(1)(iii)(D), (j)(1)(iv), 
(j)(1)(v)(A), (j)(1)(v)(B), and (j)(2)(i) through (j)(2)(v). Paragraph 
(j) also requires that air-quality records include specified 
information, and that employers

[[Page 10687]]

maintain the records until the underground-construction project is 
complete; they must also make the records available to OSHA compliance 
officers on request.
    Maintaining records of air-quality tests allow employers to 
document atmospheric hazards, and to ascertain the effectiveness of 
controls (especially ventilation) and implement additional controls if 
necessary.
    Accordingly, these requirements prevent serious injury and death to 
employees who work on underground-construction projects. In addition, 
these records provide an efficient means for employees to evaluate the 
accuracy and effectiveness of an employer's exposure-reduction program, 
and for OSHA compliance officers to determine that employers performed 
the required tests and implemented appropriate controls.
    Agency: Occupational Safety and Health Administration.
    Type of Review: Extension of currently approved collection.
    Title: Construction Standards on Posting Emergency Telephone 
Numbers and Floor Load Limits.
    OMB Number: 1218-0093.
    Frequency: On occasion.
    Type of Response: Third party disclosure.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; and State, local, or tribal 
government.
    Number of Respondents: 74,325.
    Number of Annual Responses: 74,325.
    Estimated Time per Response: 2 minutes for posting an emergency 
telephone number and 15 minutes for posting floor load limits.
    Total Burden Hours: 8,901.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $0.
    Description: Two Construction standards, ``Medical Services and 
First Aid'' (Sec. 1926.50), and ``General Requirements for Storage'' 
(Sec. 1926.250), contain posting provisions. Paragraph (f) of Sec. 
1926.50 requires employers to post emergency telephone numbers for 
physicians, hospitals, or ambulances at the worksite if the 911 
emergency telephone services is not available; in the event an employee 
has a serious injury at the worksite, this posting requirement 
expedites emergency medical treatment of the employee. Paragraph (a)(2) 
of Sec. 1926.250 specifies that employers must post the maximum safe 
load limits of floors located in storage areas inside buildings or 
other structures, unless the floors are on grade. This provision 
prohibits employers from overloading floors in areas used to store 
material and equipment in multi-story units that are under 
construction, thereby preventing the floors from collapsing and 
seriously injuring employees.
    Agency: Occupational Safety and Health Administration.
    Type of Review: Extension of currently approved collection.
    Title: Cranes and Derricks Standards for Construction: Posting 
Weight and Load Capacity of Personnel Platforms.
    OMB Number: 1218-0151.
    Frequency: On occasion.
    Type of Response: Third party disclosure.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; and State, local, or tribal 
government.
    Number of Respondents: 2,750.
    Number of Annual Responses: 2,750.
    Estimated Time per Response: 5 minutes.
    Total Burden Hours: 229.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $0.
    Description: Paragraph (g)(4)(ii)(I) of the Cranes and Derricks 
Standard for Construction (Sec. 1926.550) requires employers to post 
conspicuously with a plate or other permanent marking the weight and 
rated load capacity or maximum intended loads of each platform used to 
raise and lower employees to a worksite using a crane or derrick. This 
requirement helps employers to avoid exceeding the lifting capacity of 
such platforms and the cranes or derrick being used to lift the 
platforms. Therefore, this requirement can prevent the platform, crane, 
or derrick from collapsing and causing serious injury or death to 
employees on or below the platform.

Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 05-4211 Filed 3-3-05; 8:45 am]
BILLING CODE 4510-26-P