60 Day FRNotice

Federal Register / Vol. 85, No. 204 / Wednesday, October 21, 2020 / Notices
reproduction cost) payable to the United
States Treasury.
Patricia A. McKenna,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2020–23251 Filed 10–20–20; 8:45 am]
BILLING CODE 4410–15–P

DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Process
for Expedited Approval of an
Exemption for Prohibited Transaction,
Prohibited Transaction Class
Exemption 1996–62
Notice of availability; request
for comments.

ACTION:

The Department of Labor
(DOL) is submitting this Employee
Benefits Security Administration
(EBSA)-sponsored information
collection request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that agency receives
on or before November 20, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) Whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) if the
information will be processed and used
in a timely manner; (3) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (4)
ways to enhance the quality, utility and
clarity of the information collection; and
(5) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.

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SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

Anthony May by telephone at 202–693–
4129 (this is not a toll-free number) or
by email at [email protected].
SUPPLEMENTARY INFORMATION: On April
28, 1975, the Department published
ERISA Procedure 75–1 in the Federal
Register, which provided the public
with information regarding the
procedure to follow when requesting an
exemption. On August 10, 1990, the
Department issued a regulation which
replaced ERISA Procedure 75–1 for
applications for prohibited transaction
exemptions filed on or after September
10, 1990 (29 CFR 2570.30 et seq.).
On July 31, 1996, the Department
published in the Federal Register,
Prohibited Transaction Class Exemption
96–62 that provides for accelerated
approval of an exemption permitting a
plan to engage in a transaction which
might otherwise be prohibited following
a demonstration to the Department that
the transaction: (1) Is substantially
similar in all material respects to at least
two other transactions for which the
Department recently granted
administrative relief from the same
restriction; and (2) presents little, if any,
opportunity for abuse or risk of loss to
a plan’s participants and beneficiaries.
Under the class exemption, a party may
proceed with a transaction in as little as
78 days from the acknowledgment of
receipt by the Department of a written
submission filed in accordance with the
terms of the class exemption.
In 2002, the DOL amended the
exemption to clarify that it covers
‘‘plans’’ as described in Code Section
4975(e)(1), such as IRAs and Keogh
Plans, and that the scope of the
exemption is not limited to Title I
ERISA covered plans. Additionally, in
2003 the DOL amended the exemption
to permit parties to base their
submissions on substantially similar
transactions described either in two
individual exemptions granted within
the past 60 months, or in one individual
exemption granted within the last 120
months and one transaction that
received final authorization under the
exemption within the past 60 months.
For additional substantive information
about this ICR, see the related notice
published in the Federal Register on
April 29, 2020 (85 FR 23856).
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 the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of

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law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–EBSA.
Title of Collection: Process for
Expedited Approval of an Exemption for
Prohibited Transaction, Prohibited
Transaction Class Exemption 1996–62.
OMB Control Number: 1210–0098.
Affected Public: Private Sector—
Businesses or other for-profits and notfor-profit institutions.
Total Estimated Number of
Respondents: 7.
Total Estimated Number of
Responses: 3,507.
Total Estimated Annual Time Burden:
88 hours.
Total Estimated Annual Other Costs
Burden: $30,156.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: October 15, 2020.
Anthony May,
Management and Program Analyst.
[FR Doc. 2020–23267 Filed 10–20–20; 8:45 am]
BILLING CODE 4510–29–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0057]

Excavations (Design of Cave-in
Protection Systems); 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 the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
collection of information contained in
the Standard on Excavations (Design of
Cave-in Protection Systems).
DATES: Comments must be submitted
(postmarked, sent, or received) by
December 21, 2020.
ADDRESSES:
Electronically: You may submit
comments and attachments
SUMMARY:

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Federal Register / Vol. 85, No. 204 / Wednesday, October 21, 2020 / Notices

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–2011–0057, Occupational Safety
and Health Administration, U.S.
Department of Labor, Room N–3653,
200 Constitution Avenue NW,
Washington, DC 20210. Please note:
While OSHA’s Docket Office is
continuing to accept and process
submissions by regular mail, due to the
COVID–19 pandemic, the Docket Office
is closed to the public and not able to
receive submissions to the docket by
hand, express mail, messenger, and
courier service.
Instructions: All submissions must
include the agency name and the OSHA
docket number (OSHA–2011–0057) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, such
as social security number and date of
birth, 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 above
address. 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
(202) 693–2222 to obtain a copy of the
ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Seleda Perryman,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor,
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of
the continuing effort to reduce

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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 collection of information in
accordance with the Paperwork
Reduction Act (PRA) (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 (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 to 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).
Paragraphs (b) and (c) of § 1926.652
(‘‘Requirements for Protective Systems’’;
the ‘‘Standard’’) contain paperwork
requirements that impose burden hours
or costs on employers. These paragraphs
require employers to use protective
systems to prevent cave-ins during
excavation work; these systems include
sloping the side of the trench, benching
the soil away from the excavation, or
using a trench shielding system (such as
a trench box). The Standard specifies
allowable configurations and slopes for
excavations, and provides appendices to
assist employers in designing protective
systems. However, paragraphs (b)(3) and
(b)(4) of the Standard permit employers
to design sloping or benching systems
based on tabulated data (Option 3), or to
use a design approved by a registered
professional engineer (Option 4).
Under Option 3, employers must
provide the tabulated data in a written
form that also identifies the registered
professional engineer who approved the
data and the parameters used to select
the sloping or benching system drawn
from the data, as well as the limitations
of the data (including the magnitude
and configuration of slopes determined
to be safe). The document must also
provide any explanatory information
necessary to select the correct benching
system based on the data. Option 2
requires employers to develop a written
design approved by a registered
professional engineer. The design
information must include the magnitude

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and configuration of the slopes
determined to be safe, and the identity
of the registered professional engineer
who approved the design.
Paragraph (c)(2)(iii) allows employers
to use manufacturer’s tabulated data or
to deviate from the data provided. The
manufacturer’s specification,
recommendations and limitations as
well as the manufacturer’s approval to
deviate from these items shall be in
writing. Paragraphs (c)(3) and (c)(4)
allow employers to design support
systems, shield systems, and other
protective systems based on tabulated
data provided by a system manufacturer
(Option 3) or obtained from other
sources including a registered
professional engineer and approved by
a registered professional engineer
(Option 4).
Each of these provisions requires
employers to maintain a copy of the
documents described in these options at
the jobsite during construction. After
construction is completed, employers
may store the documents off-site
provided they make them available to
an OSHA compliance officer on request.
These documents provide both the
employer and the compliance officer
with information needed to determine if
the selection and design of a protective
system are appropriate to the excavation
work, thereby assuring workers of
maximum protection against cave-ins.
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
The agency is requesting that OMB
extend the approval of the information
collection requirements contained in the
Standard on Excavations (Design of
Cave-in Protection Systems). An
increase in the number of construction
projects/sites from 768,278 in 2013 to
1,010,188 in 2019 has resulted in an
adjustment increase in burden hours
from 17,262 to 19,402, a total increase

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Federal Register / Vol. 85, No. 204 / Wednesday, October 21, 2020 / Notices
of 2,140 burden hours. OSHA reduced
the number of apartment and nonresidential construction sites that would
use outside contractor engineering
services for the required protective
system design from 2,466 to 2,038.
There was also a decrease in overall cost
from $311,505 to $269,138, a difference
of $42,367.
The agency will summarize any
comments submitted in response to this
notice and will include this summary in
the request to OMB to extend the
approval of the information collection
requirements contained in the Standard.
Type of Review: Extension of a
currently approved collection.
Title: Excavations (Design of Cave-in
Protection Systems) (29 CFR part 1926,
subpart P).
OMB Control Number: 1218–0137.
Affected Public: Business or other forprofits.
Number of Respondents: 8,152.
Number of Responses: 19,402.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 19,402
hours.
Estimated Cost (Operation and
Maintenance): $269,138.

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 website.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov website 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.

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 (Docket
No. OSHA–2011–0057) for the ICR. 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.
Due to 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://

Signed at Washington, DC, on October 15,
2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor
for Occupational Safety and Health.

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V. Authority and Signature
Loren Sweatt, Principal Deputy
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. 1–2012 (77 FR 3912).

67015

Officer, Aeronautics Research Mission
Directorate, NASA Headquarters,
Washington, DC 20546, (202) 527–4826,
or [email protected].
As noted
above, this meeting will be available
telephonically and by WebEx only. The
WebEx link is https://
nasaenterprise.webex.com, the meeting
number is 199 494 0997, and the
password is mX47WJPMW8$ (case
sensitive). You can also dial in by phone
toll-free: 888–769–8716 passcode:
6813159. The agenda for the meeting
includes the following topics:

SUPPLEMENTARY INFORMATION:

—Capability and workforce strategic
planning
—COVID Impacts activities and NASA
Return to site plans
—Autonomy Plans
It is imperative that the meeting be
held on this date to accommodate the
scheduling priorities of the key
participants.
Carol Hamilton,
Acting Advisory Committee Management
Officer, National Aeronautics and Space
Administration.
[FR Doc. 2020–23291 Filed 10–20–20; 8:45 am]
BILLING CODE 7510–13–P

NATIONAL SCIENCE FOUNDATION

[FR Doc. 2020–23266 Filed 10–20–20; 8:45 am]

Proposal Review Panel for Physics;
Notice of Meeting

BILLING CODE 4510–26–P

NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (20–086)]

NASA Advisory Council; Aeronautics
Committee; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:

In accordance with the
Federal Advisory Committee Act, as
amended, the National Aeronautics and
Space Administration (NASA)
announces a meeting of the Aeronautics
Committee of the NASA Advisory
Council (NAC). This meeting will be
held for soliciting, from the aeronautics
community and other persons, research
and technical information relevant to
program planning.
DATES: Tuesday, November 10, 2020,
10:00 a.m.–6:00 p.m., Eastern Time.
ADDRESSES: Virtual Meeting via WebEx
and Toll-Free telephone only.
FOR FURTHER INFORMATION CONTACT: Ms.
Irma Rodriguez, Designated Federal
SUMMARY:

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In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation (NSF) announces the
following meetings:
Name and Committee Code: Proposal
Review Panel for Division of Physics
(1208)—Institute for Quantum
Information and Matter (IQIM).
Date and Time: November 18, 2020
10:00 a.m.–6:00 p.m., November 19,
2020 10:00 a.m.–5:00 p.m., November
20, 2020 10:00 a.m.–2:00 p.m.
Place: NSF, 2415 Eisenhower Avenue,
Alexandria, VA 22314 (Virtual).
Type of Meeting: Part-open.
Contact Persons: James Shank,
Program Director for Physics Frontier
Centers, Division of Physics, National
Science Foundation, 2415 Eisenhower
Avenue, Room W9214, Alexandria, VA
22314; Telephone: (703) 292–4516.
Purpose of Meeting: Virtual site visit
to provide an evaluation of the progress
of the projects at the host site for the
Division of Physics at the National
Science Foundation.

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