60_Day_FR_Notice

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Permit-Required Confined Spaces (29 CFR 1910.146)

60_Day_FR_Notice

OMB: 1218-0203

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Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices

marked ‘‘Privacy Act Request.’’ Include
in the request your full name and
complete address. The requester must
sign the request; and, to verify it, the
signature must be notarized or
submitted under 28 U.S.C. 1746, a law
that permits statements to be made
under penalty of perjury as a substitute
for notarization. You may submit any
other identifying data you wish to
furnish to assist in making a proper
search of the system. Requests for access
to information must be addressed to the
Record Information Dissemination
Section, Federal Bureau of Investigation,
170 Marcel Drive, Winchester, Virginia
22602 or faxed to (540) 868–4992.

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CONTESTING RECORD PROCEDURES:

Because this system contains
classified intelligence and law
enforcement information related to the
government’s counterterrorism, law
enforcement and intelligence programs,
records in this system are exempt from
notification, access, and amendment to
the extent permitted by subsections (j)
and (k) of the Privacy Act (5 U.S.C.
552a). Requests for amendment should
be addressed to the FBI at the address
and according to the requirements set
forth above under the heading ‘‘Record
Access Procedures.’’ If, however,
individuals are experiencing repeated
delays or difficulties during a
government screening process and
believe that this might be related to
terrorist watch list information, they
may contact the Federal agency that is
conducting the screening process in
question (‘‘screening agency’’). The
screening agency is in the best position
to determine if a particular problem
relates to a terrorist watch list entry or
is due to some other cause, such as a
criminal history, an immigration
violation or random screening. Some
individuals also experience repeated
delays during screening because their
names and/or other identifying data,
such as dates of birth, are similar to
those of known or suspected terrorists.
These individuals, referred to as
‘‘misidentified persons,’’ often believe
that they themselves are on a terrorist
watch list, when in fact they only bear
a similarity in name or other identifier
to an individual on the list. Most
screening agencies have or are
developing procedures to expedite the
clearance of misidentified persons
during screening. By contacting the
screening agency with a complaint,
individuals will be able to take
advantage of the procedures available to
help misidentified persons and others
experiencing screening problems. Check
the agency’s requirements for
submitting complaints but, at a

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minimum, individuals should describe
in as much detail as possible the
problem they are having, including
dates and locations of screening, and
provide sufficient information to
identify themselves, such as full name,
citizenship status, and date and place of
birth. The TSC assists the screening
agency in resolving any screening
complaints that may relate to terrorist
watch list information, but does not
receive or respond to individual
complaints directly. However, if TSC
receives any such complaints, TSC will
forward them to the appropriate
screening agency. Additional
information about the redress process
and how to file a complaint with a
screening agency is available on TSC’s
Web site at http://www.fbi.gov/about-us/
nsb/tsc/tsc_redress.
RECORD SOURCE CATEGORIES:

Information in this system is obtained
from individuals covered by the system,
public sources, agencies and private
sector entities conducting terrorism
screening, law enforcement and
intelligence agency record systems,
government databases, and foreign
governments.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:

The Attorney General has exempted
this system from subsections (c)(3) and
(4), (d)(1), (2), (3) and (4), (e)(1), (2), (3),
(5) and (8), and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a(j) and (k).
These exemptions apply only to the
extent that information in the system is
subject to exemption pursuant to 5
U.S.C. 552a(j) and (k). Rules have been
promulgated in accordance with the
requirements of 5 U.S.C. 553(b), (c) and
(e) and are located at 28 CFR 16.96.
[FR Doc. 2011–32074 Filed 12–13–11; 8:45 am]
BILLING CODE 4410–02–P

DEPARTMENT OF JUSTICE

Manufacturer of Controlled
Substances; Notice of Application
Pursuant to § 1301.33(a), Title 21 of
the Code of Federal Regulations (CFR),
this is notice that on July 8, 2011, Halo
Pharmaceutical Inc., 30 North Jefferson
Road, Whippany, New Jersey 07981,
made application by renewal to the
Drug Enforcement Administration
(DEA) to be registered as a bulk
manufacturer of the following basic
classes of controlled substances:

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Dihydromorphine (9145) ...............
Hydromorphone (9150) ................

Schedule
I
II

Dihydromorphine is an intermediate
in the manufacture of Hydromorphone,
and is not for commercial distribution.
The company plans to manufacture
Hydromorphone HCL for sale to other
manufacturers, and to manufacture
other controlled substances for
distribution to its customers.
Any other such applicant, and any
person who is presently registered with
DEA to manufacture such substances,
may file comments or objections to the
issuance of the proposed registration
pursuant to 21 CFR 1301.33(a).
Any such written comments or
objections should be addressed, in
quintuplicate, to the Drug Enforcement
Administration, Office of Diversion
Control, Federal Register Representative
(ODL), 8701 Morrissette Drive,
Springfield, Virginia 22152; and must be
filed no later than February 13, 2012.
Dated: December 2, 2011.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration.
[FR Doc. 2011–32045 Filed 12–13–11; 8:45 am]
BILLING CODE 4410–09–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0858]

Permit-Required Confined Spaces;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:

OSHA solicits public
comments concerning its proposal to
extend OMB approval of the
information collection requirements
contained in the Standard on PermitRequired Confined Spaces (29 CFR
1910.146). 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.

SUMMARY:

Drug Enforcement Administration

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Drug

Comments must be submitted
(postmarked, sent, or received) by
February 13, 2012.

DATES:

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Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices
ADDRESSES:

I. Background

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–2011–0858, Occupational Safety
and Health Administration, U.S.
Department of Labor, 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 (OSHA–2011–0858) for
the Information Collection Request
(ICR). 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.
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 Web site.
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.

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 OSH
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).
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’’ when
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

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:

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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
when a host employer arranges for
employees of another employer
(contractor) to perform work that
involves permit-space entry the host
employer must inform the contractor
that the workplace contains permit
spaces and that permit space entry is
allowed only following compliance with
a permit-space program meeting the
requirements of this section.
Section 1910.146(c)(8)(ii) requires that
the employer inform 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 inform the contractor of
any precautions or procedures that the
host employer has implemented to
protect 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.
Section 1910.146(c)(9)(iii) requires
that the contractor inform the host
employer of the permit-space program
that the contractor will follow and of
any hazards confronted or created in
permit spaces; the contractor will
inform the host employer either through
a debriefing or during the entry
operation.
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.
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

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Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices

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 know 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) 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 a
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 who holds 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.
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.

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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

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• 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 Permit-Required Confined
Spaces (29 CFR 1910.146). OSHA is
proposing to decrease the existing
burden hour estimate for the collection
of information requirements specified
by the Standard from 1,475,091 hours to
1,433,443 hours, for a total decrease of
41,648 hours. This adjustment was due
to updated data that indicated a slight
decline in the number of establishments
with permit spaces, permit-space
programs, and permit-space entrants.
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: Permit-Required Confined
Spaces (29 CFR 1910.146).
OMB Number: 1218–0203.
Affected Public: Business or other forprofits; Not-for-profit organizations;
Federal Government; State, Local, or
Tribal Government.
Number of Respondents: 209,045.
Frequency of Response: On occasion.
Average Time per Response: Varies
from one minute (.02 hour) to maintain
a certificate to 16 hours to develop a
written permit-space entry program.
Estimated Total Burden Hours:
1,433,443.
Estimated Cost (Operation and
Maintenance): $0.
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–2011–0858).
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,

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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 dates 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 Web site’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available through the Web site, and for
assistance in using the Internet to locate
docket submissions.
V. Authority and Signature
David Michaels, Ph.D., MPH,
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 et seq.) and Secretary of
Labor’s Order No. 5–2010 (72 FR
55355).
Signed at Washington, DC, on December 9,
2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2011–32050 Filed 12–13–11; 8:45 am]
BILLING CODE 4510–26–P

NATIONAL SCIENCE FOUNDATION
Agency Information Collection
Activities: Proposed Collection;
Comment Request
National Science Foundation.
Notice.

AGENCY:
ACTION:

The National Science
Foundation (NSF) is announcing plans
to request establishment and clearance
of this collection. In accordance with

SUMMARY:

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