Agency Information Collection Activities; Submission for OMB Review; Comment Request; Standard on Asbestos in Construction, 20434-20435 [2012-8083]
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20434
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
emcdonald on DSK29S0YB1PROD with NOTICES
Judgment may be the same person or
entity appointed as a Divestiture Trustee
pursuant to Section 0 of this Final
Judgment.
X. Affidavits and Records
A. Within twenty calendar days of the
filing of the Complaint in this matter,
and every thirty calendar days thereafter
until the divestitures have been
completed under Section 0 or V,
Defendants must deliver to the United
States and any Monitoring Trustee an
affidavit as to the fact and manner of its
compliance with Section IV or V of this
Final Judgment. Each such affidavit
must include the name, address, and
telephone number of each person who,
during the preceding thirty calendar
days, made an offer to acquire,
expressed an interest in acquiring,
entered into negotiations to acquire, or
was contacted or made an inquiry about
acquiring, any interest in the Divestiture
Assets, and must describe in detail each
contact with any such person during
that period. Each such affidavit must
also include a description of the efforts
Defendants have taken to solicit buyers
for the Divestiture Assets, and to
provide required information to
prospective Acquirers, including the
limitations, if any, on such information.
Provided that the information set forth
in the affidavit is true and complete, any
objection by the United States to
information provided by Defendants,
including limitation on information,
must be made within fourteen calendar
days of receipt of such affidavit.
B. Within twenty calendar days of the
filing of the Complaint in this matter,
Defendants must deliver to the United
States and any Monitoring Trustee an
affidavit that describes in reasonable
detail all actions that Defendants have
taken and all steps that Defendants have
implemented on an ongoing basis to
comply with Section 0 of this Final
Judgment. Defendants must deliver to
the United States and any Monitoring
Trustee an affidavit describing any
changes to the efforts and actions
outlined in Defendants’ earlier affidavits
filed pursuant to this section within
fifteen calendar days after the change is
implemented.
C. Defendants must keep all records of
all efforts made to preserve and divest
the Divestiture Assets until one year
after such divestitures have been
completed.
XI. Compliance Inspection
A. For the purposes of determining or
securing compliance with this Final
Judgment, or of determining whether
the Final Judgment should be modified
or vacated, and subject to any legally
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15:28 Apr 03, 2012
Jkt 226001
recognized privilege, from time to time
authorized representatives of the United
States Department of Justice, including
persons retained by the United States,
shall, upon written request of an
authorized representative of the
Assistant Attorney General in charge of
the Antitrust Division, and on
reasonable notice to Defendants, be
permitted:
(1) Access during Defendants’ office
hours to inspect and copy, or at the
option of the United States, to require
that Defendants provide hard copy and
electronic copies of, all books, ledgers,
accounts, records, data, and documents
in the possession, custody, or control of
Defendants, relating to any matters
contained in this Final Judgment; and
(2) To interview, either informally or
on the record, Defendants’ officers,
employees, or agents, who may have
their individual counsel present,
regarding these matters. The interviews
shall be subject to the reasonable
convenience of the interviewee and
without restraint or interference by
Defendants.
B. Upon the written request of an
authorized representative of the
Assistant Attorney General in charge of
the Antitrust Division, Defendants must
submit written reports, or responses to
written interrogatories, under oath if
requested, relating to any of the matters
contained in this Final Judgment.
C. The United States shall not divulge
any information or documents obtained
by the means provided in this section to
any person other than an authorized
representative of the executive branch of
the United States, which includes CMS,
except in the course of legal proceedings
to which the United States is a party
(including grand jury proceedings), or
for the purpose of securing compliance
with this Final Judgment, or as
otherwise required by law.
D. If at the time information or
documents are furnished by Defendants
to the United States, Defendants
represent and identify in writing the
material in any such information or
documents to which a claim of
protection may be asserted under Rule
26(c)(1)(G) of the Federal Rules of Civil
Procedure, and Defendants mark each
pertinent page of such material,
‘‘Subject to claim of protection under
Rule 26(c)(1)(G) of the Federal Rules of
Civil Procedure,’’ then the United States
must give Defendants ten calendar days
notice prior to divulging such material
in any legal proceeding (other than
grand jury proceedings).
XII. No Reacquisition
Defendants may not reacquire any
part of the Divestiture Assets during the
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term of this Final Judgment provided,
however, that this Final Judgment does
not prohibit Defendants from offering
Medicare Advantage Plans in the
ordinary course of business otherwise in
conformity with this Final Judgment.
XIII. Retention of Jurisdiction
This Court retains jurisdiction to
enable any party to this Final Judgment
to apply to this Court at any time for
further orders and directions as may be
necessary or appropriate to carry out or
construe this Final Judgment, to modify
any of its provisions, to enforce
compliance, and to punish violations of
its provisions.
XIV. Expiration of Final Judgment
Unless this Court grants an extension,
this Final Judgment shall expire ten
years from the date of its entry.
XV. Public Interest Determination
The parties have complied with the
requirements of the Antitrust
Procedures and Penalties Act, 15 U.S.C.
16, including making copies available to
the public of this Final Judgment, the
Competitive Impact Statement, and any
comments thereon and the United
States’ responses to comments. Based
upon the record before the Court, which
includes the Competitive Impact
Statement and any comments and
response to comments filed with the
Court, entry of this Final Judgment is in
the public interest.
Court approval subject to procedures
of Antitrust Procedures and Penalties
Act, 15 U.S.C. § 16.
llllllllllllllllll
l
Date
United States District Judge
[FR Doc. 2012–8070 Filed 4–3–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Standard
on Asbestos in Construction
ACTION:
Notice.
On March 30, 2012, the
Department of Labor (DOL) will submit
the Occupational Safety and Health
Administration (OSHA) sponsored
information collection request (ICR)
titled, ‘‘Standard on Asbestos in
Construction’’ to the Office of
Management and Budget (OMB) for
review and approval for continued use,
in accordance with the Paperwork
SUMMARY:
E:\FR\FM\04APN1.SGM
04APN1
emcdonald on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
Reduction Act (PRA) of 1995 (44 U.S.C.
3501 et seq.).
DATES: Submit comments on or before
May 1, 2012.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained from the RegInfo.gov
Web site, https://www.reginfo.gov/
public/do/PRAMain, on March 31, 2012
or by contacting Michel Smyth by
telephone at 202–693–4129 (this is not
a toll-free number) or sending an email
to DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request
to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for DOL–OSHA, Office of
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
202–395–6929/Fax: 202–395–6881
(these are not toll-free numbers), email:
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 email at DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: The
information collection requirements of
the Standard on Asbestos in
Construction require employers to train
workers about hazards to asbestos, to
monitor worker exposure, to provide
medical surveillance, and maintain
accurate records of worker exposure to
asbestos. These records will be used by
employers, workers and the Government
to ensure that workers are not harmed
by exposure to asbestos in the
workplace. Years of exposure to
asbestos can cause numerous disabling
or fatal diseases, including asbestosis, a
disease in which lung scarring (fibrosis)
impairs breathing and causes death from
respiratory or heart failure; lung cancer;
mesothelioma, a cancerous tumor that
spreads rapidly in the cells of
membranes covering the lungs and body
organs; and gastrointestinal cancer. The
standard protects workers from adverse
health effects from occupational
exposure to asbestos.
This information collection is 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
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions 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
VerDate Mar<15>2010
15:28 Apr 03, 2012
Jkt 226001
display a 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 1218–0134. The current
OMB approval is scheduled to expire on
March 31, 2012; however, it should be
noted that existing information
collection requirements submitted to the
OMB receive a month-to-month
extension while they undergo review.
For additional information, see the
related notice published in the Federal
Register on January 25, 2012 (77 FR
3798).
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 help ensure appropriate
consideration, comments should
reference OMB Control Number 1218–
0134. 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: DOL–OSHA.
Title of Collection: Asbestos in
Construction Standard.
OMB Control Number: 1218–0134.
Affected Public: Private Sector—
Business or Other For-Profits; Federal
Government; State, Local, or Tribal
Government.
Total Estimated Number of
Respondents: 249,534.
Total Estimated Number of
Responses: 48,469,358.
Total Estimated Annual Burden
Hours: 4,929,794.
Total Estimated Annual Other Costs
Burden: $28,816,390.
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20435
Dated: March 23, 2012.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2012–8083 Filed 4–3–12; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request;
Occupational Safety and Health State
Plans
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Occupational
Safety and Health Administration
(OSHA) sponsored information
collection request (ICR) titled,
‘‘Occupational Safety and Health State
Plans,’’ to the Office of Management and
Budget (OMB) for review and approval
for continued use in accordance with
the Paperwork Reduction Act (PRA) of
1995 (44 U.S.C. 3501 et seq.).
DATES: Submit comments on or before
May 4, 2012.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained from the RegInfo.gov
Web site, https://www.reginfo.gov/
public/do/PRAMain, on the day
following publication of this notice or
by contacting Michel Smyth by
telephone at 202–693–4129 (this is not
a toll-free number) or sending an email
to DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request
to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for DOL–OSHA, Office of
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
202–395–6929/Fax: 202–395–6881
(these are not toll-free numbers), email:
OIRA_submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Contact Michel Smyth by telephone at
202–693–4129 (this is not a toll-free
number) or by email at
DOL_PRA_PUBLIC@dol.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Occupational Safety and Health Act of
1970 (the Act) section 18 encourages
States to assume responsibility for the
development and enforcement of State
occupational safety and health
standards through the mechanism of an
approved State plan. Absent a plan
approved by the OSHA, States are
E:\FR\FM\04APN1.SGM
04APN1
]]>Agencies
[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20434-20435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8083]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Standard on Asbestos in Construction
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On March 30, 2012, the Department of Labor (DOL) will submit
the Occupational Safety and Health Administration (OSHA) sponsored
information collection request (ICR) titled, ``Standard on Asbestos in
Construction'' to the Office of Management and Budget (OMB) for review
and approval for continued use, in accordance with the Paperwork
[[Page 20435]]
Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).
DATES: Submit comments on or before May 1, 2012.
ADDRESSES: A copy of this ICR with applicable supporting documentation;
including a description of the likely respondents, proposed frequency
of response, and estimated total burden may be obtained from the
RegInfo.gov Web site, https://www.reginfo.gov/public/do/PRAMain, on
March 31, 2012 or by contacting Michel Smyth by telephone at 202-693-
4129 (this is not a toll-free number) or sending an email to DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request to the Office of Information and
Regulatory Affairs, Attn: OMB Desk Officer for DOL-OSHA, Office of
Management and Budget, Room 10235, Washington, DC 20503, Telephone:
202-395-6929/Fax: 202-395-6881 (these are not toll-free numbers),
email: 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 email at DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: The information collection requirements of
the Standard on Asbestos in Construction require employers to train
workers about hazards to asbestos, to monitor worker exposure, to
provide medical surveillance, and maintain accurate records of worker
exposure to asbestos. These records will be used by employers, workers
and the Government to ensure that workers are not harmed by exposure to
asbestos in the workplace. Years of exposure to asbestos can cause
numerous disabling or fatal diseases, including asbestosis, a disease
in which lung scarring (fibrosis) impairs breathing and causes death
from respiratory or heart failure; lung cancer; mesothelioma, a
cancerous tumor that spreads rapidly in the cells of membranes covering
the lungs and body organs; and gastrointestinal cancer. The standard
protects workers from adverse health effects from occupational exposure
to asbestos.
This information collection is 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 approved by the OMB under the PRA and displays
a currently valid OMB Control Number. In addition, notwithstanding any
other provisions 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 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 1218-0134. The current
OMB approval is scheduled to expire on March 31, 2012; however, it
should be noted that existing information collection requirements
submitted to the OMB receive a month-to-month extension while they
undergo review. For additional information, see the related notice
published in the Federal Register on January 25, 2012 (77 FR 3798).
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 help ensure appropriate
consideration, comments should reference OMB Control Number 1218-0134.
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: DOL-OSHA.
Title of Collection: Asbestos in Construction Standard.
OMB Control Number: 1218-0134.
Affected Public: Private Sector--Business or Other For-Profits;
Federal Government; State, Local, or Tribal Government.
Total Estimated Number of Respondents: 249,534.
Total Estimated Number of Responses: 48,469,358.
Total Estimated Annual Burden Hours: 4,929,794.
Total Estimated Annual Other Costs Burden: $28,816,390.
Dated: March 23, 2012.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2012-8083 Filed 4-3-12; 8:45 am]
BILLING CODE 4510-26-P
