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72468 Federal Register / Vol. 70, No.

232 / Monday, December 5, 2005 / Notices

comments must not contain new factual (‘‘ASTM’’) has filed written notifications been initiated and 2 existing standards
information and must otherwise comply simultaneously with the Attorney are being revised. More detail regarding
with section 207.68 of the Commission’s General and the Federal Trade these changes can be found at http://
rules. All written submissions must Commission disclosing additions or standards.ieee.org/standardswire/sba/
conform with the provisions of section changes to its standards development 11–10–5.html.
201.8 of the Commission’s rules; any activities. The notifications were filed On September 17, 2004, IEEE filed its
submissions that contain BPI must also for the purpose of extending the Act’s original notification pursuant to Section
conform with the requirements of provisions limiting the recovery of 6(a) of the Act. The Department of
sections 201.6, 207.3, and 207.7 of the antitrust plaintiffs to actual damages Justice published a notice in the Federal
Commission’s rules. The Commission’s under specified circumstances. Register pursuant to Section 6(b) of the
rules do not authorize filing of Specifically, ASTM has provided an Act on November 3, 2004 (69 FR 64105).
submissions with the Secretary by updated list of current, ongoing ASTM The last notification was filed with
facsimile or electronic means, except to standards activities originating between the Department on October 4, 2005. A
the extent permitted by section 201.8 of July 2005 and November 2005, notice was published in the Federal
the Commission’s rules, as amended, 67 designated as Work Items. A complete Register pursuant to Section 6(b) of the
FR 68036 (November 8, 2002). Even listing of ASTM Work Items, along with Act on November 3, 2005 (70 FR 66851).
where electronic filing of a document is a brief description of each, is available Dorothy B. Fountain,
permitted, certain documents must also at http://www.astm.org. Deputy Director of Operations, Antitrust
be filed in paper form, as specified in II On September 15, 2004, ASTM filed Division.
(C) of the Commission’s Handbook on its original notification pursuant to [FR Doc. 05–23610 Filed 12–2–05; 8:45 am]
Electronic Filing Procedures, 67 FR. Section 6(a) of the Act. The Department
BILLING CODE 4410–11–M
68168, 68173 (November 8, 2002). of Justice published a notice in the
Additional written submissions to the Federal Register pursuant to Section
Commission, including requests 6(b) of the Act on November 10, 2004
pursuant to section 201.12 of the (69 FR 65226). DEPARTMENT OF LABOR
Commission’s rules, shall not be The last notification was filed with Office of the Secretary
accepted unless good cause is shown for the Department on August 4, 2005. A
accepting such submissions, or unless notice was published in the Federal Submission for OMB Review:
the submission is pursuant to a specific Register pursuant to Section 6(b) of the Comment Request
request by a Commissioner or Act on August 26, 2005 (70 FR 50406).
Commission staff. For additional information, please November 29, 2005.
In accordance with sections 201.16(c) contact: Thomas B. O’Brien, Jr., General The Department of Labor (DOL) has
and 207.3 of the Commission’s rules, Counsel, at ASTM International, 100 submitted the following public
each document filed by a party to the Barr Harbor Drive, West Conshohocken, information collection request (ICR) to
reviews must be served on all other PA 19428, telephone 610–832–9597, e- the Office of Management and Budget
parties to the reviews (as identified by mail address tobrien@astm.org. (OMB) for review and approval in
either the public or BPI service list), and accordance with the Paperwork
a certificate of service must be timely Dorothy B. Fountain, Reduction Act of 1995 (Pub. L. 104–13,
filed. The Secretary will not accept a Deputy Director of Operations, Antitrust 44 U.S.C. chapter 35). A copy of this
Division. ICR, with applicable supporting
document for filing without a certificate
of service. [FR Doc. 05–23611 Filed 12–2–05; 8:45 am] documentation, may be obtained by
Authority: These reviews are being
BILLING CODE 4140–11–M contacting the Department of Labor
conducted under authority of title VII of the (DOL). To obtain documentation,
Tariff Act of 1930; this notice is published contact Darrin King on 202–693–4129
pursuant to section 207.62 of the DEPARTMENT OF JUSTICE (this is not a toll-free number) or e-mail:
Commission’s rules. king.darrin@dol.gov.
Antitrust Division
By order of the Commission. Comments should be sent to Office of
Issued: November 29, 2005. Notice Pursuant to the National Information and Regulatory Affairs,
Marilyn R. Abbott, Cooperative Research and Production Attn: OMB Desk Officer for the
Secretary to the Commission. Act of 1993; Institute of Electrical and Occupational Safety and Health
Electronics Engineers Administration (OSHA), Office of
[FR Doc. E5–6793 Filed 12–2–05; 8:45 am]
Management and Budget, Room 10235,
BILLING CODE 7020–02–P Notice is hereby given that, on Washington, DC 20503, 202–395–7316
November 15, 2005, pursuant to Section (this is not a toll-free number), within
6(a) of the National Cooperative 30 days from the date of this publication
DEPARTMENT OF JUSTICE Research and Production Act of 1993, in the Federal Register.
15 U.S.C. 4301 et seq. (‘‘the Act’’), The OMB is particularly interested in
Antitrust Division Institute of Electrical and Electronics comments which:
Notice Pursuant to the National
Engineers (‘‘IEEE’’) has filed written • Evaluate whether the proposed
notifications simultaneously with the collection of information is necessary
Cooperative Research and Production
Attorney General and the Federal Trade for the proper performance of the
Act of 1993; ASTM international—
Commission disclosing additions or functions of the agency, including
Standards
changes to its standards development whether the information will have
Notice is hereby given that, on activities. The notifications were filed practical utility;
November 16, 2005, pursuant to Section for the purpose of extending the Act’s • Evaluate the accuracy of the
6(a) of the National Cooperative provisions limiting the recovery of agency’s estimate of the burden of the
Research and Production Act of 1993, antitrust plaintiffs to actual damages proposed collection of information,
15 U.S.C. 4301 et seq. (‘‘the Act’’), under specified circumstances. including the validity of the
ASTM International—Standards Specifically, 10 new standards have methodology and assumptions used;

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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices 72469

• Enhance the quality, utility, and plan approval should there be a failure application of a mandatory safety
clarity of the information to be to substantially comply with any standard to a mine if the Secretary
collected; and provision of the State plan. determines either that an alternate
• Minimize the burden of the OSHA promulgated a series of method exists at a specific mine that
collection of information on those who regulations between 1970 and 1977 will guarantee no less protection for the
are to respond, including through the implementing the provisions of section miners affected than that provided by
use of appropriate automated, 18 of the Act. 29 CFR 1953 was revised the standard, or that the application of
electronic, mechanical, or other in 2002. the standard at a specific mine will
technological collection techniques or • 29 CFR part 1902, State Plans for result in a diminution of safety to the
other forms of information technology, the Development and Enforcement of affected miners.
e.g., permitting electronic submission of State Standards. Final decisions on these petitions are
responses. • 29 CFR part 1952, Approved State based on the petitioner’s statements,
AGENCY: Occupational Safety and Health Plans for Enforcement of State comments and information submitted
Administration. Standards. by interested persons, and a field
Type of Review: Extension of • 29 CFR part 1953, Changes to State investigation of the conditions at the
currently approved collection. Plans. mine. As designee of the Secretary, we
Title: Occupational Safety and Health • 29 CFR part 1954, Procedures for have granted or partially granted the
State Plan Information. the Evaluation and Monitoring of requests for modification listed below.
OMB Number: 1218–0247. Approved State Plans. In some instances, the decisions are
Frequency: On occasion; Quarterly; • 29 CFR part 1955, Procedures for conditioned upon compliance with
and Annually. Withdrawal of Approval of State Plans. stipulations stated in the decision. The
Type of Response: Reporting. • 29 CFR part 1956, State Plans for term FR Notice appears in the list of
Affected Public: State, Local, or Tribal the Development and Enforcement of affirmative decisions below. The term
Government. State Standards Applicable to State and refers to the Federal Register volume
Number of Respondents: 27. Local Government Employees in States and page where we published a notice
Number of Annual Responses: 1,240. without Approved Private Employee of the filing of the petition for
Estimated Time Per Response: Varies Plans. modification.
from one hour to respond to an The requirements for State
information survey to 80 hours to submissions on the structure and FOR FURTHER INFORMATION CONTACT:
document State annual performance performance of their OSHA-approved Petitions and copies of the final
goals. State Plan, as established by the various decisions are available for examination
Total Burden Hours: 10,522. State Plan regulations, are necessary to by the public in the Office of Standards,
Total Annualized capital/startup provide OSHA with sufficient Regulations, and Variances, MSHA,
costs: $0. information to assure that the State plan 1100 Wilson Boulevard, Room 2350,
Total Annual Costs (operating/ provides a program of standards and Arlington, Virginia 22209. For further
maintaining systems or purchasing enforcement and voluntary compliance information contact Barbara Barron at
services): $0. to employers and employees in that 202–693–9447.
Description: Section 18 of the State that is ‘‘at least as effective’’ as the Dated at Arlington, Virginia, this 27th day
Occupational Safety and Health Act of Federal OSHA program and thus of November, 2005.
1970 (the Act) encourages the States to warrants continued Federal approval Rebecca J. Smith,
assume responsibility for the and funding. Acting Director, Office of Standards,
development and enforcement of State Regulations, and Variances.
occupational safety and health Ira L. Mills,
standards through the vehicle of an Departmental Clearance Officer. Affirmative Decisions on Petitions for
approved State plan. Absent a plan [FR Doc. E5–6824 Filed 12–2–05; 8:45 am] Modification
approved by the Occupational Safety BILLING CODE 4510–26–P Docket No.: M–2005–044–C.
and Health Administration (OSHA), FR Notice: 70 FR 39800.
States are preempted from asserting Petitioner: Andalex Resources, Inc.
jurisdiction over any occupational DEPARTMENT OF LABOR Regulation Affected: 30 CFR 75.1100–
safety and health issue with respect to 2(e)(2)
which a Federal standard has been Mine Safety and Health Administration Summary of Findings: The
promulgated. Section 18 establishes the petitioner’s proposal is to use two multi-
basic criteria for State plan approval; Summary of Decisions Granting in purpose dry chemical portable fire
provides for the exercise of concurrent Whole or in Part Petitions for extinguishers with at least a minimum
Federal enforcement jurisdiction after Modification capacity of 10 pounds of dry power at
initial plan approval until such time as AGENCY: Mine Safety and Health each temporary and permanent
the State has demonstrated that it is Administration (MSHA), Labor. electrical installation. This is
meeting the approval criteria in actual ACTION: Notice of affirmative decisions considered an acceptable alternative
operation (final State Plan approval), at issued by the Administrators for Coal method for the Aberdeen Mine (MSHA
which point Federal enforcement Mine Safety and Health and Metal and I.D. No. 42–02028). The petition for
jurisdiction may be relinquished; Nonmetal Mine Safety and Health on modification is granted for temporary
provides that State standards and petitions for modification of the electrical installations, provided that
enforcement must be, and continue to application of mandatory safety petitioner maintains two portable fire
be, ‘‘at least as effective’’ as the Federal standards. extinguishers having at least the
program including any changes thereto; minimum capacity specified for a
and requires OSHA to make a SUMMARY: Under section 101 of the portable fire extinguisher required in 30
continuing evaluation of the manner in Federal Mine Safety and Health Act of CFR 75.1100–1(e)at each of the
which the State is implementing its 1977, the Secretary of Labor (Secretary) temporary electrical installations at the
program and to take action to withdraw may allow the modification of the Aberdeen Mine with conditions.

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