Notices. Notice of request for public comments

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BILLING CODE 4510-30-M DEPARTMENT OF LABOR Employment and Training Administration Implementation of the Senior Community Service Employment Program (SCSEP) Performance Measures Under Public Law 109-365 AGENCY: Employment and Training Administration, Labor. ACTION: Notice of request for public comments. SUMMARY: On October 17, 2006, President Bush signed into law the Older Americans Act Amendments of 2006 (OAA-2006). Title V of OAA-2006 authorizes the Senior Community Service Employment Program (SCSEP). The law calls for the Department of Labor

(DOL)to establish and implement new SCSEP measures of performance by Program Year

(PY)2007 (which begins July 1, 2007) after consultation with stakeholders. DOL is publishing this notice to solicit public input on implementation of the performance indicators. *Key Dates:* To ensure consideration of comments in light of the compressed statutory timeline, please submit comments on or before February 22, 2007. DOL will consider comments submitted after that date to the extent possible. ADDRESSES: Submit your comments by e-mail to *older.americans@dol.gov.* Comments can also be mailed or hand carried to the Employment and Training Administration, Office of Workforce Investment, Division of Adult Services, Room S-4209, 200 Constitution Avenue, NW., Washington, DC 20210. A summary of all comments received will be made available to the public on the SCSEP Web site at *http://www.doleta.gov/seniors.* FOR FURTHER INFORMATION CONTACT: Ms. Judith Gilbert via e-mail at *gilbert.judith@dol.gov* or via telephone at

(202)693-3758. This is not a toll free number. SUPPLEMENTARY INFORMATION: A. Background SCSEP provides useful part-time training opportunities in community service activities for persons with low incomes who are 55 years of age or older and assists older workers in transitioning to unsubsidized employment. In 2000, statutory amendments established program-specific measures to monitor the performance of each grantee. Public Law 106-501, section 513(b). These measures were: 1. The number of persons served, with particular consideration given to individuals with greatest economic need, greatest social need, or poor employment history or prospects, and individuals who are over the age of 60; 2. Community services provided; 3. Placement into and retention in unsubsidized public or private employment; 4. Satisfaction of the enrollees, employers, and their host agencies with their experiences and the services provided; and 5. Any additional indicators of performance that the Secretary determines to be appropriate. In addition, grantees were asked to report on three common performance measures that generally apply to federally-funded employment and job training programs. Currently, the common measures are: 1. Entered employment; 2. Retention in employment; and 3. Average earnings. The OAA-2006 Amendments, found at Public Law 109-365, call for several specific changes to the existing performance accountability system, and require that DOL establish and implement the new SCSEP performance measures after consultation with stakeholders by PY 2007. Specifically, section 513(a)(1) states that “The Secretary shall establish and implement, after consultation with grantees, subgrantees and host agencies under this title, States, older individuals, area agencies on aging and other organizations serving older individuals, core measures of performance and additional indicators of performance for each grantee for projects and services carried out under this title.” Section 513(d)(4) calls for the Department to establish and implement the core measures and additional indicators of performance identified in the 2006 Amendments “not later than July 1, 2007.” Further, section 513(a)(2)(C) requires that “The Secretary and each grantee shall reach agreement on the expected levels of performance for each program year for each of the core indicators of performance * * * Funds may not be awarded under the grant until such agreement is reached.” Finally, section 513(b)(3) states that “(t)he Secretary, after consultation with national and state grantees, representatives of business and labor organizations, and providers of services, shall, by regulation, issue definitions of the indicators of performance” described in OAA-2006. B. Changes to Performance Measures OAA-2006 identifies five core indicators of performance and two additional indicators of performance in amended section 513(b), and authorizes the Secretary to add any other indicators of performance determined to be appropriate to evaluate services and performance. The five core indicators in OAA-2006, which incorporate the three common performance measures that generally apply to federally-funded employment and job training programs, are as follows: 1. Hours (in the aggregate) of community service employment; 2. Entry into unsubsidized employment (common measure); 3. Retention in unsubsidized employment for six months (common measure); 4. Earnings (common measure); and, 5. The number of eligible individuals served, including those individuals included in the categories specified in the law for providing a priority for services in section 518(b)(2) and in the categories specified as eligible for extension of the individual time limits in section 518(a)(3)(B)(ii). The law requires that DOL and grantees reach agreement on expected levels of performance for each of the core indicators of performance for each program year. Failure to meet the expected levels of performance triggers requirements for the development of performance improvement plans by grantees and the provision of technical assistance by DOL. Three consecutive years of failure by a State grantee triggers a requirement that the State conduct a competition for the administration of the program within the State, while four consecutive years of failure by a national grantee will render the grantee ineligible to participate in the subsequent grant competition for the program. The additional indicators of performance specified in OAA-2006 are as follows: 1. Retention in unsubsidized employment for one year; 2. Satisfaction of the participants, employers and their host agencies with their experiences and the services provided; and 3. “Any other additional indicators of performance” determined to be appropriate to evaluate services and performance. Section 513(b)(2)(C). With respect to additional indicators of performance, the law does not require that the DOL and grantees reach agreement on expected levels of performance. Definitions of both the core and additional indicators are to be issued by regulation after consultation with grantees and other interested parties. DOL will annually evaluate and publish and make available for public review information on the actual performance of each grantee with respect to the levels achieved for all indicators of performance. C. Consultation To comply with the statutory timeline, DOL envisions publishing further guidance after consultation with the public, in order to implement the performance measures in time for the PY 2007 grants. In order to develop policies and procedures for a performance measurement system that will increase performance accountability and improve services to participants, DOL seeks public input and observations on how both the core measures and additional performance measures should be defined and implemented. We invite commenters to share their observations, experiences and insights on any aspect of the SCSEP performance management system, but we are particularly interested in the following areas: 1. *Core indicators:* Based on your experience with current indicators of performance, what factors should DOL consider in establishing the core indicators? What aspects of the current measures should be maintained? Which should be changed? Comments should focus on the first and fifth core indicators because the definitions for core measures two through four are already set and generally apply to federally funded job training and employment programs. DOL in particular seeks comments on interpretation of the following terms listed at subsection (a)(3)(B)(ii) or (b)(2) of section 518:

(1)A severe disability,

(2)frail or age 75 or older,

(3)lives in an area with persistent unemployment and are individuals with severely limited employment prospects,

(4)has limited English proficiency or low literacy skills,

(5)has a disability,

(6)resides in a rural area,

(7)is a veteran,

(8)has low employment prospects, or 9) is homeless or at risk for homelessness. In addition, the current policy regarding the fifth indicator is to divide the population groups into two separate measures with one measure relating to all persons served and the second measure relating to services to what is currently referred to as individuals “most in need.” We are considering whether to continue with this policy of dividing the indicator into two separate measures but with the change that under OAA-2006 individuals in the categories specified for priority of service and for extension of the individual time limit (rather than those currently referred to as individuals “most in need”) would be compared to the population of all persons served. We are interested in comments on whether this approach would promote more effective targeting of services, or would a single measure combining both elements for all persons served be as effective and simplify the process? 2. * Retention in unsubsidized employment for one year:* We are interested in comments to help us establish the point at which the one year measure is taken. For example, should this be measured at the 365th day; at the 5th quarter after the quarter of exit from the SCSEP program; or during the 4th quarter after exit, similar to the Workforce Investment Act Title I Subtitle B 12 month retention measure; or at some other point? If a different point is recommended, please explain the rationale. 3. *Customer satisfaction:* We are interested in suggestions for ways to measure the satisfaction of participants, employers and host agencies, particularly whether the current methodology shall be carried forward or changed? 4. *Other additional indicators of performance:* We are interested in suggestions for other indicators to measure successful SCSEP performance. In particular, should the current performance measure of SCSEP Placement Rate be used, changed or not used as an additional indicator of performance? (The SCSEP Placement Rate compares the number of participants placed into unsubsidized employment, with at least 30 days of employment within the first 90 days of exit from the SCSEP program, to the number of funded positions; the entered employment common measure does not include the 30 day employment requirement.) 5. *Performance outcomes:* How should DOL determine whether a grantee fails, meets or exceeds expected levels of performance? 6. *Other comments:* DOL welcomes comments and suggestions on any other aspects of implementing the new performance measures. Signed at Washington, DC, this 2nd day of February, 2007. Emily Stover DeRocco, Assistant Secretary. [FR Doc. E7-2084 Filed 2-7-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Occupational Safety and Health Administration Agency Information Collection Activities; Announcement of Office of Management and Budget

(OMB)Control Numbers Under the Paperwork Reduction Act AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice; announcement of OMB approval of information collection requirements. SUMMARY: The Occupational Safety and Health Administration announces that OMB has extended its approval for a number of information collection requirements found in sections of 29 CFR parts 1910, 1915, 1917, 1918, 1926, and 1928. OSHA sought approval under the Paperwork Reduction Act of 1995 (PRA-95), and, as required by that Act, is announcing the approval numbers and expiration dates for those requirements. DATES: This notice is effective February 8, 2007. FOR FURTHER INFORMATION CONTACT: Todd Owen or Theda Kenney, Directorate of Standards and Guidance, Occupational Safety and Health Administration, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210, telephone:

(202)693-2222. SUPPLEMENTARY INFORMATION: In a series of **Federal Register** notices, the Agency announced its requests to OMB to renew its current extensions of approvals for various information collection (paperwork) requirements in its safety and health standards for general industry, shipyard employment, longshoring, marine terminals, the construction industry, and agriculture (i.e., 29 CFR parts 1910, 1915, 1917, 1918, 1926, and 1928). In these **Federal Register** announcements, the Agency provided 60-day comment periods for the public to respond to OSHA's burden hour and cost estimates. In accordance with PRA-95 (44 U.S.C. 3501-3520), OMB renewed its approval for these information collection requirements and assigned OMB control numbers to these requirements. The table below provides the following information for each of these OMB-approved requirements: The title of the collection; the date of the **Federal Register** notice; the **Federal Register** reference (date, volume, and leading page); OMB's control number; and the new expiration date. Title Date of Federal Register publication, Federal Register reference, and OSHA docket number OMB Control No. Expiration date Benzene (29 CFR 1910.1028) 05/24/2006, 71 FR 29986, Docket No. 1218-0129(2006) 1218-0129 11/30/2009 1,3-Butadiene (29 CFR 1910.1051) 02/24/2006, 71 FR 9607, Docket No. 1218-0170(2006) 1218-0170 07/31/2009 Hazard Communication Standard (29 CFR parts 1910.1200, 1915.1200, 1917.28, 1918.90, 1926.59, and 1928.21 09/01/2005, 70 FR 52134 Docket No. 1218-0072(2005) 1218-0072 10/31/2009 Lead in General Industry (29 CFR 1910.1025) 10/27/2005, 70 FR 62000, Docket No. 1218-0092(2006) 1218-0092 07/31/2009 Personal Protective Equipment

(PPE)for General Industry (29 CFR 1910, subpart I) 07/26/2006, 71 FR 42419, Docket No. 1218-0205(2006) 1218-0205 01/31/2010 Process Safety Management of Highly Hazardous Chemicals (29 CFR 1910.119) 01/30/2006, 71 FR 4941, Docket No. 1218-0200(2006) 1218-0200 10/31/2009 Temporary Labor Camps (29 CFR 1910.142) 12/27/2005, 70 FR 76469, Docket No. 1218-0096(2006) 1218-0096 07/31/2009 13 Carcinogens Standard (29 CFR 1910.1003, 1915.1003, and 1926.1103) 10/19/2005, 70 FR 60856, Docket No. 1218-0085(2005) 1218-0085 02/28/2009 Vehicle-Mounted Elevating and Rotating Work Platforms (29 CFR 1910.67) 08/30/2005, 70 FR 51368, Docket No. 1218-0230(2005) 1218-0230 02/28/2009 In accordance with 5 CFR 1320.5(b), an agency cannot conduct, sponsor, or require a response to a collection of information unless the collection displays a valid OMB control number and the agency informs respondents that they are not required to respond to the collection of information unless it displays a currently valid OMB control number. Authority and Signature Edwin G. Foulke, Jr., 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. 5-2002 (67 FR 65008). Signed at Washington, DC, on February 5, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor. [FR Doc. E7-2095 Filed 2-7-07; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [V-06-1] Gibraltar Chimney International, LLC, Hoffmann, Inc., and Kiewit Industrial Co.; Application for Permanent Variance and Interim Order, Grant of Interim Order, and Request for Comments AGENCY: Occupational Safety and Health Administration (OSHA), Department of Labor. ACTION: Notice of an application for a permanent variance and interim order; grant of interim order; and request for comments. SUMMARY: Gibraltar Chimney International, LLC, Hoffmann Inc., and Kiewit Industrial Co. (“the applicants”) have applied for a permanent variance from the provisions of the OSHA standards that regulate boatswains' chairs and hoist towers, specifically paragraph (o)(3) of § 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of § 1926.552. In addition, the applicants have requested an interim order based on the alternative conditions specified by the variance application. Since these conditions are the same as the conditions specified in other permanent variances granted recently by the Agency for these boatswains'-chair and hoist-tower provisions, OSHA is granting the applicants' request for an interim order. DATES: Comments and requests for a hearing must be submitted (postmarked, sent, or received) by March 12, 2007. The interim order specified by this notice becomes effective on February 8, 2007. ADDRESSES: Electronic. Comments and requests for a hearing may be submitted electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile.* OSHA allows facsimile transmission of comments that are 10 pages or fewer in length (including attachments), as well as hearing requests. Send these comments and requests to the OSHA Docket Office at

(202)693-1648; hard copies of these comments are not required. Instead of transmitting facsimile copies of attachments that supplement their comments ( *e.g.* , studies and journal articles), commenters may submit these attachments, in triplicate hard copy, to the OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210. These attachments must clearly identify the sender's name, date, subject, and docket number ( *i.e.* , V-06-1) so that the Agency can attach them to the appropriate comments. *Regular mail, express delivery, hand (courier) delivery, and messenger service.* Submit three copies of comments and any additional material ( *e.g.* , studies and journal articles), as well as hearing requests, to the OSHA Docket Office, Docket No. V-06-1, Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210; telephone:

(202)693-2350. Please contact the OSHA Docket Office at

(202)693-2350 for information about security procedures concerning the delivery of materials by express delivery, hand delivery, and messenger service. The hours of operation for the OSHA Docket Office and Department of Labor are 8:15 a.m. to 4:45 p.m., e.t. *Instructions.* All submissions must include the Agency name and the OSHA docket number ( *i.e.* , OSHA Docket No. V-06-1). Comments and other material, including any personal information, are placed in the public docket without revision, and will be available online at *http://www.regulations.gov.* Therefore, the Agency cautions commenters about submitting statements they do not want made available to the public, or submitting comments that contain personal information (either about themselves or others) such as social security numbers, birth dates, and medical data. *Docket.* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or to the OSHA Docket Office at the address above. Documents in the docket 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 this Web site. However, all submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. FOR FURTHER INFORMATION CONTACT: For information about this notice contact MaryAnn S. Garrahan, Director, Office of Technical Programs and Coordination Activities, Room N-3655, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210; telephone:

(202)693-2110; fax:

(202)693-1644. For additional copies of this **Federal Register** notice, contact the Office of Publications, Room N-3103, OSHA, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210 (telephone:

(202)693-1888). Electronic copies of this **Federal Register** notice, as well as news releases and other relevant documents, are available at OSHA's Web site on the Internet at *http://www.osha.gov/.* Contact the OSHA Docket Office for information about docket materials not available through the OSHA Web site, and for assistance in using the website to locate docket submissions. Additional information about this variance application also is available from the following OSHA Regional Offices: • U.S. Department of Labor, OSHA, JFK Federal Building, Room E340, Boston, MA 02203; telephone:

(617)565-9860; fax:

(617)565-9827. • U.S. Department of Labor, OSHA, 201 Varick St., Room 670, New York, NY 10014; telephone:

(212)337-2378; fax:

(212)337-2371. • U.S. Department of Labor, OSHA, Curtis Building, Suite 740 West, 170 South Independence Mall West, Philadelphia, PA 19106; telephone:

(215)861-4900; fax:

(215)861-4904. • U.S. Department of Labor, OSHA, Sam Nunn Atlanta Federal Center, 61 Forsyth St., SW., Room 6T50, Atlanta, GA 30303; telephone:

(404)562-2300; fax:

(404)562-2295. • U.S. Department of Labor, OSHA, 230 South Dearborn St., Room 3244, Chicago, IL 60604; telephone:

(312)353-2220; fax:

(312)353-7774. • U.S. Department of Labor, OSHA, 525 Griffin St., Room 602, Dallas, TX 75202; telephone:

(972)850-4145; fax:

(972)850-4149. • U.S. Department of Labor, OSHA, City Center Square, 1100 Main St., Suite 800, Kansas City, MO 64105; telephone:

(816)426-5861; fax:

(816)426-2750. • U.S. Department of Labor, OSHA, 1999 Broadway, Suite 1690, Denver, CO 80202-5716 (overnight), P.O. Box 46550, Denver, CO 80201-6550 (mail); telephone:

(720)264-6550; fax:

(720)264-6585. • U.S. Department of Labor, OSHA, 71 Stevenson St., Room 420, San Francisco, CA 94105; telephone:

(415)975-4310; fax:

(415)975-4319. • U.S. Department of Labor, OSHA, 1111 Third Ave., Suite 715, Seattle, WA 98101-3212; telephone:

(206)553-5930; fax:

(206)553-6499. I. Notice of Application Gibraltar Chimney International, LLC, Hoffmann, Inc., and Kiewit Industrial Co. (hereafter, “the applicants”) have submitted applications for a permanent variance under Section 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) and 29 CFR 1905.11 (“Variances and other relief under section 6(d)”) (see Exs. 4-1 and 4-2). 1 The applicants seek a permanent variance from § 1926.452(o)(3), which provides the tackle requirements for boatswains' chairs. The applicants also request a variance from paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of § 1926.552 that regulate hoist towers. These latter paragraphs specify the following requirements: 1 The principle address for Hoffman, Inc. is 6001 49th St. South, Muscatine, IA 52761, and the principal address for Gibraltar Chimney International, LLC is 92 Cooper Ave., Box 386, Tonawanda, NY 14151-0386. • (c)(1)—Construction requirements for hoist towers outside a structure; • (c)(2)—Construction requirements for hoist towers inside a structure; • (c)(3)—Anchoring a hoist tower to a structure; • (c)(4)—Hoistway doors or gates; • (c)(8)—Electrically interlocking entrance doors or gates to the hoistway and cars; • (c)(13)—Emergency stop switch located in the car; • (c)(14)(i)—Using a minimum of two wire ropes for drum hoisting; and • (c)(16)—Material and component requirements for construction of personnel hoists. The applicants contend that the permanent variance would provide their employees with a place of employment that is at least as safe and healthful as they would obtain under the existing provisions. The places of employment affected by this variance application are the present and future projects where the applicants construct chimneys, located in states under federal authority, as well as State-plan states that have safety and health plans approved by OSHA under Section 18 of the Occupational Safety and Health

(OSH)Act (29 U.S.C. 667) and 29 CFR part 1952 (“Approved State Plans for Enforcement of State Standards”). The applicants certify that they have provided employee representatives of current employees who would be affected by the permanent variance with a copy of their variance requests. The applicants also certify that they notified their employees of the variance requests by posting a summary of the application and specifying where they can examine a copy of the application at a prominent location or locations where they normally post notices to their employees (or instead of a summary, posting the application itself); and by other appropriate means. In addition, the applicants have informed employees and their representatives of their right to petition the Assistant Secretary of Labor for Occupational Safety and Health for a hearing on this variance application. II. Multi-State Variance In their variance applications, the employers stated that they perform chimney work in a number of States and Territories that operate OSHA-approved safety and health programs under Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 *et seq.* ). Twenty-six States and Territories have OSHA-approved safety and health programs. 2 As part of this variance process, the Directorate of Cooperative and State Programs will notify the State-Plan States and Territories of this variance application and advise them that unless they object, OSHA will assume the State's position regarding this application is the same as its position regarding prior identical variances. Fourteen States have agreed to the terms of the earlier requests ( *i.e.* , Alaska, Arizona, Indiana, Maryland, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, Tennessee, Vermont, Virginia, and Wyoming). Four States have imposed additional requirements and conditions ( *i.e.* , Kentucky, Michigan, South Carolina, and Utah), and four States have objected to the earlier variance requests ( *i.e.* , California, Hawaii, Iowa, and Washington). 2 Three State-Plan States ( *i.e.* , Connecticut, New Jersey, and New York) and one Territory ( *i.e.* , Virgin Islands) limit their occupational safety and health authority to public-sector employees only. State-Plan States and Territories that have jurisdiction over both public- and private-sector employers and employees are: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. III. Supplementary Information A. Overview The applicants construct, remodel, repair, maintain, inspect, and demolish tall chimneys made of reinforced concrete, brick, and steel. This work, which occurs throughout the United States, requires the applicants to transport employees and construction material to and from elevated work platforms and scaffolds located, respectively, inside and outside tapered chimneys. While tapering contributes to the stability of a chimney, it requires frequent relocation of, and adjustments to, the work platforms and scaffolds so that they will fit the decreasing circumference of the chimney as construction progresses upwards. To transport employees to various heights inside and outside a chimney, the applicants propose to use a hoist system that would lift and lower personnel-transport devices that include personnel cages, personnel platforms, or boatswains' chairs. The applicants also would attach a hopper or concrete bucket to the hoist system to raise or lower material inside or outside a chimney. The applicants would use personnel cages, personnel platforms, or boatswains' chairs solely to transport employees with the tools and materials necessary to do their work, and not to transport only materials or tools in the absence of employees. The applicants would use a hoist engine, located and controlled outside the chimney, to power the hoist system. The system also would consist of a wire rope that: spools off the hoist drum into the interior of the chimney; passes to a footblock that redirects the rope from the horizontal to the vertical planes; goes from the footblock through the overhead sheaves above the elevated platform; and finally drops to the bottom landing of the chimney where it connects to the personnel or material transport. The cathead, which is a superstructure at the top of a derrick, supports the overhead sheaves. The overhead sheaves (and the vertical span of the hoist system) move upward with the derrick as chimney construction progresses. Two guide cables, suspended from the cathead, eliminate swaying and rotation of the load. If the hoist rope breaks, safety clamps activate and grip the guide cables to prevent the load from falling. The applicants would use a headache ball, located on the hoist rope directly above the load, to counterbalance the rope's weight between the cathead sheaves and the footblock. The applicants would implement additional conditions to improve employee safety, including: • Attaching the wire rope to the personnel cage using a keyed-screwpin shackle or positive-locking link; • Adding limit switches to the hoist system to prevent overtravel by the personnel- or material-transport devices; • Providing the safety factors and other precautions required for personnel hoists specified by the pertinent provisions of § 1926.552(c), including canopies and shields to protect employees located in a personnel cage from material that may fall during hoisting and other overhead activities; • Providing falling-object protection for scaffold platforms as specified by § 1926.451(h)(1); • Conducting tests and inspections of the hoist system as required by §§ 1926.20(b)(2) and 1926.552(c)(15); • Establishing an accident-prevention program that conforms to § 1926.20(b)(3); • Ensuring that employees who use a personnel platform or boatswains' chair wear full-body harnesses and lanyards, and that the lanyards are attached to lifelines during the entire period of vertical transit; and • Securing the lifelines (used with a personnel platform or boatswains' chair) to the rigging at the top of the chimney and to a weight at the bottom of the chimney to provide maximum stability to the lifelines. B. Previous Variances From §§ 1926.452(o)(3) and 1926.552(c) Since 1973, a number of chimney-construction companies demonstrated to OSHA that several of the hoist-tower requirements of § 1926.552(c) present access problems that pose a serious danger to their employees. These companies received permanent variances from these personnel-hoist and boatswains'-chair requirements, and they used essentially the same alternate apparatus and procedures that the applicants are now proposing to use in this variance application. The Agency published the permanent variances for these companies at 38 FR 8545 (April 3, 1973), 44 FR 51352 (August 31, 1979), 50 FR 20145 (May 14, 1985), 50 FR 40627 (October 4, 1985), 52 FR 22552 (June 12, 1987), 68 FR 52961 (September 8, 2003), 70 FR 72659 (December 6, 2005), and 71 FR 10557 (March 1, 2006). 3 3 Zurn Industries, Inc. received two permanent variances from OSHA. The first variance, granted on May 14, 1985 (50 FR 20145), addressed the boatswains'-chair provision (then in paragraph (1)(5) of § 1926.451), as well as the hoist-platform requirements of paragraphs (c)(1), (c)(2), (c)(3), and (c)(14)(i) of § 1926.552. The second variance, granted on June 12, 1987 (52 FR 22552), included these same paragraphs, as well as paragraphs (c)(4), (c)(8), (c)(13), and (c)(16) of § 1926.552. In 1980, the Agency evaluated the alternative conditions specified in the permanent variances that it had granted to chimney-construction companies as of that date. In doing so, OSHA observed hoisting operations conducted by these companies at various construction sites. These evaluations found that, while the alternative conditions generally were safe, compliance with the conditions among the companies was uneven (see Exs. 4-3 and 4-4). Additionally, the National Chimney Construction Safety and Health Advisory Committee, an industry-affiliated organization, conducted evaluations of the hoist systems that provided useful information regarding the safety and efficacy of the alternative conditions (see Ex. 4-5). The permanent variance granted by OSHA to American Boiler and Chimney Co. and Oak Park Chimney Corp. (see 68 FR 52961, September 8, 2003) updated the permanent variances granted by the Agency in the 1970s and 1980s by clarifying the alternative conditions and citing the most recent consensus standards and other references. On the basis of this experience and knowledge, the Agency finds that the applicants' request for a permanent variance is consistent with the permanent variances that OSHA has granted previously to other employers in the chimney-construction industry. Therefore, the Agency believes that the conditions specified in this variance application will provide the applicants' employees with at least the same level of safety that they would receive from § 1926.452(o)(3) and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of § 1926.552. C. Requested Variance From § 1926.452(o)(3) The applicants state that it is necessary, on occasion, to use a boatswains' chair to transport employees to and from a bracket scaffold on the outside of an existing chimney during flue installation or repair work, or to and from an elevated scaffold located inside a chimney that has a small or tapering diameter. Paragraph (o)(3) of § 1926.452, which regulates the tackle used to rig a boatswains' chair, states that this tackle must “consist of correct size ball bearings or bushed blocks containing safety hooks and properly ‘eye-spliced' minimum five-eighth (5/8”) inch diameter first-grade manila rope [or equivalent rope].” The primary purpose of this paragraph is to allow an employee to safely control the ascent, descent, and stopping locations of the boatswains' chair. However, the applicants note that the required tackle is difficult or impossible to operate on some chimneys that are over 200 feet tall because of space limitations. Therefore, as an alternative to complying with the tackle requirements specified by § 1926.452(o)(3), the applicants propose to use the hoisting system described in section III.A (“Overview”) of this notice, both inside and outside a chimney, to raise or lower employees in a personnel cage to work locations. The applicants would use a personnel cage for this purpose to the extent that adequate space is available; they would use a personnel platform whenever a personnel cage is infeasible because of limited space. However, when limited space also makes a personnel platform infeasible, the applicants then would use a boatswains' chair to lift employees to work locations. The applicants would limit use of the boatswains' chair to elevations above the highest work location that the personnel cage and personnel platform can reach; under these conditions, the applicants would attach the boatswains' chair directly to the hoisting cable only when the structural arrangement precludes the safe use of the block and tackle required by § 1926.452(o)(3). D. Requested Variance From § 1926.552(c) Paragraph

(c)of § 1926.552 specifies the requirements for enclosed hoisting systems used to transport personnel from one elevation to another. This paragraph ensures that employers transport employees safely to and from elevated work platforms by mechanical means during the construction, alteration, repair, maintenance, or demolition of structures such as chimneys. However, this standard does not provide specific safety requirements for hoisting personnel to and from elevated work platforms and scaffolds in tapered chimneys; the tapered design requires frequent relocation of, and adjustment to, the work platforms and scaffolds. The space in a small-diameter or tapered chimney is not large enough or configured so that it can accommodate an enclosed hoist tower. Moreover, using an enclosed hoist tower for outside operations exposes employees to additional fall hazards because extra bridging and bracing must be installed to support a walkway between the hoist tower and the tapered chimney. Paragraph (c)(1) of § 1926.552 requires the employer to enclose hoist towers located outside a chimney on the side or sides used for entrance to, and exit from, the chimney; these enclosures must extend the full height of the hoist tower. The applicants assert that it is impractical and hazardous to locate a hoist tower outside tapered chimneys because it becomes increasingly difficult, as a chimney rises, to erect, guy, and brace a hoist tower; under these conditions, access from the hoist tower to the chimney or to the movable scaffolds used in constructing the chimney exposes employees to a serious fall hazard. Additionally, the applicants note that the requirement to extend the enclosures 10 feet above the outside scaffolds often exposes the employees involved in building these extensions to dangerous wind conditions. Paragraph (c)(2) of § 1926.552 requires that employers enclose all four sides of a hoist tower even when the tower is located inside a chimney; the enclosure must extend the full height of the tower. The applicants contend that it is hazardous for employees to erect and brace a hoist tower inside a chimney, especially small-diameter or tapered chimneys, or chimneys with sublevels, because these structures have limited space and cannot accommodate hoist towers; space limitations result from chimney design (e.g., tapering), as well as reinforced steel projecting into the chimney from formwork that is near the work location. As an alternative to complying with the hoist-tower requirements of § 1926.552(c)(1) and (c)(2), the applicants propose to use the rope-guided hoist system described above in section III.A (“Overview”) of this application to transport employees to and from work locations inside and outside chimneys. Use of the proposed hoist system would eliminate the need for the applicants to comply with other provisions of § 1926.552(c) that specify requirements for hoist towers. Therefore, the applicants are requesting a permanent variance from several other closely-related provisions, as follows: • (c)(3)—Anchoring the hoist tower to a structure; • (c)(4)—Hoistway doors or gates; • (c)(8)—Electrically interlocking entrance doors or gates that prevent hoist movement when the doors or gates are open; • (c)(13)—Emergency stop switch located in the car; • (c)(14)(i)—Using a minimum of two wire ropes for drum-type hoisting; and • (c)(16)—Construction specifications for personnel hoists, including materials, assembly, structural integrity, and safety devices. The applicants assert that the proposed hoisting system would protect its employees at least as effectively as the hoist-tower requirements of § 1926.552(c). IV. Grant of Interim Order In addition to requesting a permanent variance, the applicants also requested an interim order that would remain in effect until the Agency makes a decision on their application for a permanent variance. During this period, the applicants must comply fully with the conditions of the interim order as an alternative to complying with the tackle requirements provided for boatswains' chairs by § 1926.452(o)(3) and the requirements for hoist towers specified by paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of § 1926.552. Based on its previous experience with permanent variances from these provisions granted to other companies, OSHA believes that an interim order is justified in this case. As noted above in section III.B (“Previous Variances * * * ”), the Agency has granted a number of permanent variances from these provisions since 1973. Over this period, the affected companies have used effectively the alternative conditions specified in the variances. Moreover, the conditions of the interim order requested by the applicants substantially duplicate the conditions approved recently in the permanent variance granted to American Boiler and Chimney Co. and Oak Park Chimney Corp. (see 68 FR 52961). In granting this permanent variance to American Boiler and Chimney Co. and Oak Park Chimney Corp., the Agency stated, “[W]hen the employers comply with the conditions of the following order, their employees will be exposed to working conditions that are at least as safe and healthful as they would be if the employers complied with paragraph (o)(3) of § 1926.452, and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of § 1926.552.” (See 68 FR 52967.) Having determined previously that the alternative conditions proposed by the applicants will protect employees at least as effectively as the requirements of paragraph (o)(3) of § 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of § 1926.552, OSHA has decided to grant an interim order to the applicants pursuant to the provisions of § 1905.11(c). Accordingly, in lieu of complying with paragraph (o)(3) of § 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of § 1926.552, the applicants will:

(1)Provide notice of this grant of interim order to the employees affected by the conditions of the interim order using the same means it used to inform these employees of their applications for a permanent variance; and

(2)comply with the conditions listed below in section V (“Specific Conditions of the Interim Order * * * ”) of this application for the period between the date of this **Federal Register** notice and the date the Agency publishes its final decision on the application in the **Federal Register** ; the interim order will remain in effect during this period unless OSHA modifies or revokes it in accordance with the requirements of § 1905.13. V. Specific Conditions of the Interim Order and the Application for a Permanent Variance The following conditions apply to the interim order being granted by OSHA to Gibraltar Chimney International, LLC, Hoffmann, Inc., and Kiewit Industrial Co., as part of their applications for a permanent variance described in this **Federal Register** notice. In addition, these conditions specify the alternatives to the requirements of paragraph (o)(3) of § 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of § 1926.552 that the applicants are proposing in their application for a permanent variance. These conditions include: 4 4 In these conditions, the verb “must” applies to the interim order, while the verb “would” pertains to the application for a permanent variance. 1. Scope

(a)The interim order/permanent variance applies/would apply only to tapered chimneys when the applicants use a rope-guided hoist system during inside or outside chimney construction to raise or lower their employees between the bottom landing of a chimney and an elevated work location on the inside or outside surface of the chimney.

(b)When using a rope-guided hoist system as specified in this permanent variance, the applicants must/would:

(i)Use the personnel cages, personnel platforms, or boatswains' chairs raised and lowered by the rope-guided hoist system solely to transport employees with the tools and materials necessary to do their work; and

(ii)Attach a hopper or concrete bucket to the rope-guided hoist system to raise and lower all other materials and tools inside or outside a chimney.

(c)Except for the requirements specified by 29 CFR 1926.452(o)(3) and 1926.552(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16), the applicants must/would comply fully with all other applicable provisions of 29 CFR parts 1910 and 1926. 2. Replacing a Personnel Cage With a Personnel Platform or a Boatswains' Chair

(a)*Personnel platform.* When the applicants demonstrate that available space makes a personnel cage for transporting employees infeasible, they may replace the personnel cage with a personnel platform when they limit use of the personnel platform to elevations above the last work location that the personnel cage can reach.

(b)*Boatswains' chair.* The applicants must/would:

(i)Before using a boatswains' chair, demonstrate that available space makes it infeasible to use a personnel platform for transporting employees;

(ii)Limit use of a boatswains' chair to elevations above the last work location that the personnel platform can reach; and

(iii)Use a boatswains' chair in accordance with block-and-tackle requirements specified by 29 CFR 1926.452(o)(3), unless they can demonstrate that the structural arrangement of the chimney precludes such use. 3. Qualified Competent Person

(a)The applicants must/would:

(i)Provide a qualified competent person, as specified in paragraphs

(f)and

(m)of 29 CFR 1926.32, who is responsible for ensuring that the design, maintenance, and inspection of the hoist system comply with the conditions of this grant and with the appropriate requirements of 29 CFR part 1926 (“Safety and Health Regulations for Construction”); and

(ii)Ensure that the qualified competent person is present at ground level to assist in an emergency whenever the hoist system is raising or lowering employees.

(b)The applicants must/would use a qualified competent person to design and maintain the cathead described under Condition 8 (“Cathead and Sheave”) below. 4. Hoist Machine

(a)*Type of hoist.* The applicants must/would designate the hoist machine as a portable personnel hoist.

(b)*Raising or lowering a transport.* The applicants must/would ensure that:

(i)The hoist machine includes a base-mounted drum hoist designed to control line speed; and

(ii)Whenever they raise or lower a personnel or material hoist ( *e.g.* , a personnel cage, personnel platform, boatswains' chair, hopper, concrete bucket) using the hoist system:

(A)The drive components are engaged continuously when an empty or occupied transport is being lowered (i.e., no “freewheeling”);

(B)The drive system is interconnected, on a continuous basis, through a torque converter, mechanical coupling, or an equivalent coupling ( *e.g.* , electronic controller, fluid clutches, hydraulic drives).

(C)The braking mechanism is applied automatically when the transmission is in the neutral position and a forward-reverse coupling or shifting transmission is being used; and

(D)No belts are used between the power source and the winding drum.

(c)*Power source.* The applicants must/would power the hoist machine by an air, electric, hydraulic, or internal-combustion drive mechanism.

(d)*Constant-pressure control switch.* The applicants must/would:

(i)Equip the hoist machine with a hand- or foot-operated constant-pressure control switch (i.e., a “deadman control switch”) that stops the hoist immediately upon release; and

(ii)Protect the control switch to prevent it from activating if the hoist machine is struck by a falling or moving object.

(e)*Line-speed indicator.* The applicants must/would:

(i)Equip the hoist machine with an operating line-speed indicator maintained in good working order; and

(ii)Ensure that the line-speed indicator is in clear view of the hoist operator during hoisting operations.

(f)*Braking systems.* The applicants must/would equip the hoist machine with two

(2)independent braking systems (i.e., one automatic and one manual) located on the winding side of the clutch or couplings, with each braking system being capable of stopping and holding 150 percent of the maximum rated load.

(g)*Slack-rope switch.* The applicants must/would equip the hoist machine with a slack-rope switch to prevent rotation of the winding drum under slack-rope conditions.

(h)*Frame.* The applicants must/would ensure that the frame of the hoist machine is a self-supporting, rigid, welded-steel structure, and that holding brackets for anchor lines and legs for anchor bolts are integral components of the frame.

(i)*Stability.* The applicants must/would secure hoist machines in position to prevent movement, shifting, or dislodgement.

(j)*Location.* The applicants must/would:

(i)Locate the hoist machine far enough from the footblock to obtain the correct fleet angle for proper spooling of the cable on the drum; and

(ii)Ensure that the fleet angle remains between one-half degree ( 1/2 °) and one and one-half degrees (1- 1/2 °) for smooth drums, and between one-half degree ( 1/2 °) and two degrees (2°) for grooved drums, with the lead sheave centered on the drum. 5 5 This provision adopts the definition of, and specifications for, fleet angle from *Cranes and Derricks,* H. I. Shapiro, et al. (eds.); New York: McGraw-Hill; 3rd ed., 1999, page 592. Accordingly, the fleet angle is “[t]he angle the rope leading onto a [winding] drum makes with the line perpendicular to the drum rotating axis when the lead rope is making a wrap against the flange.”

(k)*Drum and flange diameter.* The applicants must/would:

(i)Provide a winding drum for the hoist that is at least 30 times the diameter of the rope used for hoisting; and

(ii)Ensure that the winding drum has a flange diameter that is at least one and one-half (1- 1/2 ) times the winding-drum diameter.

(l)*Spooling of the rope.* The applicants must/would never spool the rope closer than two

(2)inches (5.1 cm) from the outer edge of the winding-drum flange.

(m)*Electrical system.* The applicants must/would ensure that all electrical equipment is weatherproof.

(n)*Limit switches.* The applicants must/would equip the hoist system with limit switches and related equipment that automatically prevent overtravel of a personnel cage, personnel platform, boatswains' chair, or material-transport device at the top of the supporting structure and at the bottom of the hoistway or lowest landing level. 5. Methods of Operation

(a)*Employee qualifications and training.* The applicants must/would:

(i)Ensure that only trained and experienced employees, who are knowledgeable of hoist-system operations, control the hoist machine; and

(ii)Provide instruction, periodically and as necessary, on how to operate the hoist system to each employee who uses a personnel cage, personnel platform, or boatswains' chair for transportation.

(b)*Speed limitations.* The applicants must/would not operate the hoist at a speed in excess of:

(i)Two hundred and fifty

(250)feet (76.9 m) per minute when a personnel cage is being used to transport employees;

(ii)One hundred

(100)feet (30.5 m) per minute when a personnel platform or boatswains' chair is being used to transport employees; or

(iii)A line speed that is consistent with the design limitations of the system when only material is being hoisted (i.e., using a dedicated material-transport device such as a hopper or concrete bucket).

(c)*Communication.* The applicants must/would:

(i)Use an electronic voice-communication system 6 to maintain communication between the hoist operator and the employees located in or on a moving personnel cage, personnel platform, or boatswains' chair; 6 OSHA is revising the phrase “a voice-mediated intercommunication system” used in previous variances to “an electronic voice-communication systems” to clarify the requirement.

(ii)Stop hoisting if, for any reason, the communication system fails to operate effectively; and

(iii)Resume hoisting only when the site superintendent determines that it is safe to do so. 6. Hoist Rope

(a)*Grade.* The applicants must/would use a wire rope for the hoist system (i.e., “hoist rope”) that consists of extra-improved plow steel, an equivalent grade of non-rotating rope, or a regular lay rope with a suitable swivel mechanism.

(b)*Safety factor.* The applicants must/would maintain a safety factor of at least eight

(8)times the safe workload throughout the entire length of hoist rope.

(c)*Size.* The applicants must/would use a hoist rope that is at least one-half (1/2) inch (1.3 cm) in diameter.

(d)*Inspection, removal, and replacement.* The applicants must/would:

(i)Thoroughly inspect the hoist rope before the start of each job and on completing a new setup;

(ii)Maintain the proper diameter-to-diameter ratios between the hoist rope and the footblock and the sheave by inspecting the wire rope regularly (see Conditions 7(c) and 8(d) below); and

(iii)Remove and replace the wire rope with new wire rope when any condition specified by 29 CFR 1926.552(a)(3) occurs.

(e)*Attachments.* The applicants must/would attach the rope to a personnel cage, personnel platform, or boatswains' chair with a keyed-screwpin shackle or positive-locking link.

(f)*Wire-rope fastenings.* When the applicants use clip fastenings (e.g., U-bolt wire-rope clips) with wire ropes, they must/would:

(i)Use Table H-20 of 29 CFR 1926.251 to determine the number and spacing of clips;

(ii)Use at least three

(3)drop-forged clips at each fastening;

(iii)Install the clips with the “U” of the clips on the dead end of the rope; and

(iv)Space the clips so that the distance between them is six

(6)times the diameter of the rope. 7. Footblock

(a)*Type of block.* The applicants must/would use a footblock:

(i)Consisting of construction-type blocks of solid single-piece bail with a safety factor that is at least four

(4)times the safe workload, or an equivalent block with roller bearings;

(ii)Designed for the applied loading, size, and type of wire rope used for hoisting;

(iii)Designed with a guard that contains the wire rope within the sheave groove;

(iv)Bolted rigidly to the base; and

(v)Designed and installed so that it turns the moving wire rope to and from the horizontal or vertical direction as required by the direction of rope travel.

(b)*Directional change.* The applicants must/would ensure that the angle of change in the hoist rope from the horizontal to the vertical direction at the footblock is approximately 90°.

(c)*Diameter.* The applicants must/would ensure that the line diameter of the footblock is at least 24 times the diameter of the hoist rope. 8. Cathead and Sheave

(a)*Support.* The applicants must/would use a cathead (i.e., “overhead support”) that consists of a wide-flange beam, or two

(2)steel-channel sections securely bolted back-to-back to prevent spreading.

(b)*Installation.* The applicants must/would ensure that:

(i)All sheaves revolve on shafts that rotate on bearings; and

(ii)The bearings are mounted securely to maintain the proper bearing position at all times.

(c)*Rope guides.* The applicants must/would provide each sheave with appropriate rope guides to prevent the hoist rope from leaving the sheave grooves when the rope vibrates or swings abnormally.

(d)*Diameter.* The applicants must/would use a sheave with a diameter that is at least 24 times the diameter of the hoist rope. 9. Guide Ropes

(a)*Number and construction.* The applicants must/would affix two

(2)guide ropes by swivels to the cathead. The applicants must/would ensure that the guide ropes:

(i)Consist of steel safety cables not less than one-half ( 1/2 ) inch (1.3 cm) in diameter; and

(ii)Be free of damage or defect at all times.

(b)*Guide rope fastening and alignment tension.* The applicants must/would fasten one end of each guide rope securely to the overhead support, with appropriate tension applied at the foundation.

(c)*Height.* The applicants must/would rig the guide ropes along the entire height of the hoist-machine structure. 10. Personnel Cage

(a)*Construction.* The applicants must/would ensure that the personnel cage is of steel-frame construction and capable of supporting a load that is four

(4)times its maximum rated load capacity. The applicants also must/would ensure that the personnel cage has:

(i)A top and sides that are permanently enclosed (except for the entrance and exit);

(ii)A floor securely fastened in place;

(iii)Walls that consist of 14-gauge, one-half ( 1/2 ) inch (1.3 cm) expanded metal mesh, or an equivalent material;

(iv)Walls that cover the full height of the personnel cage between the floor and the overhead covering;

(v)A sloped roof constructed of one-eighth ( 1/8 ) inch (0.3 cm) aluminum, or an equivalent material; and

(vi)Safe handholds (e.g., rope grips—but not rails or hard protrusions 7 ) that accommodate each occupant. 7 To reduce impact hazards should employees lose their balance because of cage movement.

(b)*Overhead weight.* The applicants must/would ensure that the personnel cage has an overhead weight (e.g., a headache ball of appropriate weight) to compensate for the weight of the hoist rope between the cathead and footblock. In addition, the applicants must/would:

(i)Ensure that the overhead weight is capable of preventing line run; and

(ii)Use a means to restrain the movement of the overhead weight so that the weight does not interfere with safe personnel hoisting.

(c)*Gate.* The applicants must/would ensure that the personnel cage has a gate that:

(i)Guards the full height of the entrance opening; and

(ii)Has a functioning mechanical lock that prevents accidental opening.

(d)*Operating procedures.* The applicants must/would post the procedures for operating the personnel cage conspicuously at the hoist operator's station.

(e)*Capacity.* The applicants must/would:

(i)Hoist no more than four

(4)occupants in the cage at any one time; and

(ii)Ensure that the rated load capacity of the cage is at least 250 pounds (113.4 kg) for each occupant so hoisted.

(f)*Employee notification.* The applicants must/would post a sign in each personnel cage notifying employees of the following conditions:

(i)The standard rated load, as determined by the initial static drop test specified by Condition 10(g) (“Static drop tests”) below; and

(ii)The reduced rated load for the specific job.

(g)*Static drop tests.* The applicants must/would:

(i)Conduct static drop tests of each personnel cage that comply with the definition of “static drop test” specified by section 3 (“Definitions”) and the static drop-test procedures provided in section 13 (“Inspections and Tests”) of American National Standards Institute

(ANSI)standard A10.22-1990 (R1998) (“American National Standard for Rope-Guided and Nonguided Worker's Hoists—Safety Requirements”);

(ii)Perform the initial static drop test at 125 percent of the maximum rated load of the personnel cage, and subsequent drop tests at no less than 100 percent of its maximum rated load; and

(iii)Use a personnel cage for raising or lowering employees only when no damage occurred to the components of the cage as a result of the static drop tests. 11. Safety Clamps

(a)*Fit to the guide ropes.* The applicants must/would:

(i)Fit appropriately designed and constructed safety clamps to the guide ropes; and

(ii)Ensure that the safety clamps do not damage the guide ropes when in use.

(b)*Attach to the personnel cage.* The applicants must/would attach safety clamps to each personnel cage for gripping the guide ropes.

(c)*Operation.* The applicants must/would ensure that the safety clamps attached to the personnel cage:

(i)Operate on the “broken rope principle” defined in section 3 (“Definitions”) of ANSI standard A10.22-1990 (R1998);

(ii)Be capable of stopping and holding a personnel cage that is carrying 100 percent of its maximum rated load and traveling at its maximum allowable speed if the hoist rope breaks at the footblock; and

(iii)Use a pre-determined and pre-set clamping force (i.e., the “spring compression force”) for each hoist system.

(d)*Maintenance.* The applicants must/would keep the safety-clamp assemblies clean and functional at all times. 12. Overhead Protection

(a)The applicants must/would install a canopy or shield over the top of the personnel cage that is made of steel plate at least three-sixteenth ( 3/16 ) of an inch (4.763 mm) thick, or material of equivalent strength and impact resistance, to protect employees (i.e., both inside and outside the chimney) from material and debris that may fall from above.

(b)The applicants must/would ensure that the canopy or shield slopes to the outside of the personnel cage. 8 8 Paragraphs

(a)and

(b)were adapted from OSHA's Underground Construction Standard (29 CFR 1926.800(t)(4)(iv)). 13. Emergency-Escape Device

(a)*Location.* The applicants must/would provide an emergency-escape device in at least one of the following locations:

(i)In the personnel cage, provided that the device is long enough to reach the bottom landing from the highest possible escape point; or

(ii)At the bottom landing, provided that a means is available in the personnel cage for the occupants to raise the device to the highest possible escape point.

(b)*Operating instructions.* The applicants must/would ensure that written instructions for operating the emergency-escape device are attached to the device.

(c)*Training.* The applicants must/would instruct each employee who uses a personnel cage for transportation on how to operate the emergency-escape device:

(i)Before the employee uses a personnel cage for transportation; and

(ii)Periodically, and as necessary, thereafter. 14. Personnel Platforms and Fall-Protection Equipment

(a)*Personnel platforms.* When the applicants elect to replace the personnel cage with a personnel platform in accordance with Condition 2(a) above, they must/would:

(i)Ensure that an enclosure surrounds the platform, and that this enclosure is at least 42 inches (106.7 cm) above the platform's floor;

(ii)Provide overhead protection when an overhead hazard is, or could be, present; and

(iii)Comply with the applicable scaffolding strength requirements specified by 29 CFR 1926.451(a)(1).

(b)*Fall-protection equipment.* Before employees use work platforms or boatswains' chairs, the applicants must/would:

(i)Equip the employees with, and ensure that they use, full-body harnesses, lanyards, and lifelines as specified by 29 CFR 1926.104 and the applicable requirements of 29 CFR 1926.502(d); and

(ii)Ensure that employees secure the lifelines to the top of the chimney and to a weight at the bottom of the chimney, and that the employees' lanyards are attached to the lifeline during the entire period of vertical transit. 15. Inspections, Tests, and Accident Prevention

(a)The applicants must/would:

(i)Conduct inspections of the hoist system as required by 29 CFR 1926.20(b)(2);

(ii)Ensure that a competent person conducts daily visual inspections of the hoist system; and

(iii)Inspect and test the hoist system as specified by 29 CFR 1926.552(c)(15).

(b)The applicants must/would comply with the accident-prevention requirements of 29 CFR 1926.20(b)(3). 16. Welding

(a)The applicants must/would ensure that only qualified welders weld components of the hoisting system.

(b)The applicants must/would ensure that the qualified welders:

(i)Are familiar with the weld grades, types, and materials specified in the design of the system; and

(ii)Perform the welding tasks in accordance with 29 CFR part 1926, subpart J (“Welding and Cutting”). VII. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC directed the preparation of this notice. This notice is issued under the authority specified by Section 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), Secretary of Labor's Order No. 5-2002 (67 FR 65008), and 29 CFR part 1905. Signed at Washington, DC, on February 2, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor. [FR Doc. E7-2046 Filed 2-7-07; 8:45 am] BILLING CODE 4510-26-P LIBRARY OF CONGRESS Copyright Office [Docket No. 2007-1] Cable Compulsory License: Specialty Station List AGENCY: Copyright Office, Library of Congress. ACTION: Request for information. SUMMARY: The Copyright Office is compiling a new specialty station list to identify commercial television broadcast stations which, according to their owners, qualify as specialty stations for purposes of the former distant signal carriage rules of the Federal Communications Commission (FCC). The list has been periodically updated to reflect an accurate listing of specialty stations. To that end, the Copyright Office is again requesting all interested owners of television broadcast stations that qualify as specialty stations, including those that previously filed affidavits, to submit sworn affidavits to the Copyright Office stating that the programming of their stations meets the requirements specified under the FCC regulations in effect on June 24, 1981. DATES: Affidavits should be received on or before April 9, 2007. ADDRESSES: If hand delivered by a private party, the sworn affidavit should be brought to Library of Congress, U.S. Copyright Office, 2221 S. Clark Street, 11th Floor, Arlington, VA 22202, between 8:30 a.m. and 5 p.m. The material should be addressed as follows: Office of the General Counsel, U.S. Copyright Office. If delivered by a commercial courier, the sworn affidavit must be delivered to the Congressional Courier Acceptance Site (“CCAS”) located at 2nd and D Streets, NE, Washington, DC between 8:30 a.m. and 4 p.m. The material should be addressed as follows: Office of the General Counsel, U.S. Copyright Office, LM-401, James Madison Building, 101 Independence Avenue, SE, Washington, DC. Please note that CCAS will not accept delivery by means of overnight delivery services such as Federal Express, United Parcel Service or DHL. If sent by mail (including overnight delivery using U.S. Postal Service Express Mail), the sworn affidavit should be addressed to U.S. Copyright Office, Copyright I&R/GC, P.O. Box 70400, Southwest Station, Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, Acting General Counsel, P.O. Box 70977, Southwest Station, Washington, DC 20024-0977. Telephone:

(202)707-8380. Telefax:

(202)252-3423. SUPPLEMENTARY INFORMATION: What is a Specialty Station? The FCC regulations in effect on June 24, 1981, defined a specialty station as “a commercial television broadcast station that generally carries foreign-language, religious, and/or automated programming in one-third of the hours of an average broadcast week and one-third of the weekly prime-time hours.” 47 CFR 76.5(kk) (1981). How is a Station Deemed To Be a Specialty Station? 1 Under a procedure adopted by the Copyright Office in 1989, *see* 54 FR 38461 (September 18, 1989), an owner or licensee of a broadcast station files a sworn affidavit attesting that the station’s programming comports with the 1981 FCC definition, and hence, qualifies as a specialty station. A list of the stations filing affidavits is then published in the **Federal Register** in order to allow any interested party to file an objection to an owner’s claim of specialty station status for the listed station. Once the period to file objections closes, the Office publishes a final list which includes references to the specific objections filed against a particular station owner’s claim. In addition, affidavits that are submitted after the close of the filing period are accepted and kept on file at the Copyright Office. 1 Originally, the FCC identified whether a station qualified as a specialty station, but after it deleted its distant signal carriage rules, it discontinued this practice. *See* Malrite T.V. of New York v. FCC, 652 F2d 1140 (2d Cir. 1981), *cert. denied* , 454 U.S. 1143 (1982). The staff of the Copyright Office, however, does not verify the specialty station status of any station listed in an affidavit. Why Would a Broadcast Station Seek Specialty Station Status? Specialty station status is significant in the administration of the cable compulsory license. 17 U.S.C. 111. The licensing system indirectly allows a cable operator to carry the signal of a television station classified as a specialty station at the base rate for “permitted’” signals. *See* 49 FR 14944 (April 16, 1984); 37 CFR 256.2(c). How Does the Staff of the Copyright Office Use the List? Copyright Office licensing examiners refer to the final annotated list in examining a statement of account in the case where a cable system operator claims that a particular station is a specialty station. If a cable system operator claims specialty station status for a station not on the final list, its classification as a specialty station will be questioned unless the examiner determines that the owner of the station has filed an affidavit since publication of the list. How Often Has the Copyright Office Published Specialty Station Lists? The Copyright Office compiled and published its first specialty station list in 1990, together with an announcement of its intention to update the list approximately every three years in order to maintain as current a list as possible. 55 FR 40021 (October 1, 1990). Its second list was published in 1995. 60 FR 34303 (June 30, 1995). Its third list was published in 1998. 63 FR 67703 (December 8, 1998). With this notice, the Copyright Office is initiating the procedure for the compilation and publication of the fourth specialty station list. Does This Notice Require Action on the Part of an Owner of a Television Broadcast Station? Yes, we are requesting that the owner, or a valid agent of the owner, of any eligible television broadcast station submit an affidavit to the Copyright Office stating that he or she believes that the station qualifies as a specialty station under 47 CFR 76.5(kk) (1981), the FCC’s former rule defining “specialty station.” The affidavit must be certified by the owner or an official representing the owner. Affidavits are due within 60 days of the publication of this notice in the **Federal Register** . There is no specific format for the affidavit; however, the affidavit must confirm that the station owner believes that the station qualifies as a specialty station under the 1981 FCC rule. Notwithstanding the above, any affidavit submitted to the Copyright Office within the 45-day period prior to publication of this notice need not be resubmitted to the Office. Any affidavit filed during this 45-day period shall be considered timely filed for purposes of this notice. What Happens After the Affidavits Are Filed With the Copyright Office? Once the period for filing the affidavits closes, the Office will compile and publish in the **Federal Register** a list of the stations identified in the affidavits. At the same time, it will solicit comment from any interested party as to whether or not particular stations on the list qualify as specialty stations. Thereafter, a final list of the specialty stations that includes references to any objections filed to a station’s claim will be published in the **Federal Register** . In addition, affidavits that, for good cause shown, are submitted after the close of the filing period will be accepted and kept on file at the Copyright Office. Affidavits received in this manner will be accepted with the understanding that the owners of those stations will resubmit affidavits when the Office next formally updates the specialty station list. An interested party may file an objection to any late-filed affidavit. Such objections shall be kept on file in the Copyright Office together with the corresponding affidavit. February 2, 2007 Marybeth Peters, Register of Copyrights. [FR Doc. E7-2104 Filed 2-7-06; 8:45 am] BILLING CODE 1410-30-S NATIONAL CREDIT UNION ADMINISTRATION Agency Information Collection Activities: Submission to OMB for Extension of a Currently Approved Collection; Comment Request AGENCY: National Credit Union Administration (NCUA). ACTION: Request for comment. SUMMARY: The NCUA intends to submit the following information collection to the Office of Management and Budget

(OMB)for review and clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This information collection is published to obtain comments from the public. DATES: Comments will be accepted until April 9, 2007. ADDRESSES: Interested parties are invited to submit written comments to the NCUA Clearance Officer listed below: *Clearance Officer:* Mr. Neil McNamara, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428, Fax No. 703-837-2861, E-mail: *mcnamara@ncua.gov.* FOR FURTHER INFORMATION CONTACT: Requests for additional information or a copy of the information collection request, should be directed to Tracy Sumpter at the National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428, or at

(703)518-6444. SUPPLEMENTARY INFORMATION: Proposal for the following collection of information: *Title:* Corporate Credit Union Monthly Call Report. *OMB Number:* 3133-0067. *Form Number:* NCUA 5310. *Type of Review:* Recordkeeping, reporting and monthly. *Description:* NCUA utilizes the information to monitor financial conditions in corporate credit unions, and to allocate supervision and examination resources. *Respondents:* Corporate credit unions, or “banker's banks” for natural person credit unions. *Estimated No. of Respondents/Record keepers:* 30. *Estimated Burden Hours per Response:* 2 hours. *Frequency of Response:* Monthly. *Estimated Total Annual Burden Hours:* 720 hours. *Estimated Total Annual Cost:* None. By the National Credit Union Administration Board on February 5, 2007. Mary Rupp, Secretary of the Board. [FR Doc. E7-2096 Filed 2-7-07; 8:45 am] BILLING CODE 7535-01-P NUCLEAR REGULATORY COMMISSION Final Regulatory Guide: Issuance, Availability The U.S. Nuclear Regulatory Commission

(NRC)considers acceptable for implementing the agency's regulations in Appendix A, “General Design Criteria for Nuclear Power Plants,” to Title 10, Part 50, of the *Code of Federal Regulations* (10 CFR part 50), “Domestic Licensing of Production and Utilization Facilities,” as they relate to control room habitability (CRH). Specifically, this guide outlines a process that licensees may apply to control rooms that are modified, are newly designed, or must have their conformance to the regulations reconfirmed. In Appendix A to 10 CFR Part 50, General Design Criteria

(GDC)1, 3, 4, 5, and 19 apply to CRH, as follows: • GDC 1, “Quality Standards and Records,” requires that structures, systems, and components

(SSCs)important to safety be designed, fabricated, erected, and tested to quality standards commensurate with the importance of the safety functions performed. • GDC 3, “Fire Protection,” requires that SSCs important to safety be designed and located to minimize the effects of fires and explosions. • GDC 4, “Environmental and Dynamic Effects Design Bases,” requires SSCs important to safety to be designed to accommodate the effects of, and to be compatible with, the environmental conditions associated with normal operation, maintenance, testing, and postulated accidents, including loss-of-coolant accidents (LOCAs). • GDC 5, “Sharing of Structures, Systems, and Components,” requires that SSCs important to safety not be shared among nuclear power units unless it can be shown that such sharing will not significantly impair their ability to perform their safety functions, including, in the event of an accident in one unit, the orderly shutdown and cooldown of the remaining units. • GDC 19, “Control Room,” requires that a control room be provided from which actions can be taken to operate the nuclear reactor safely under normal conditions and to maintain the reactor in a safe condition under accident conditions, including a LOCA. Adequate radiation protection is to be provided to permit access and occupancy of the control room under accident conditions without personnel receiving radiation exposures in excess of specified values. Since the NRC initially issued Regulatory Guide 1.196 in May 2003, the staff determined that the information presented in Appendix B to that guide did not accurately represent a viable technical specification for CRH at light-water nuclear power reactors. In particular, it referred to failure of a particular surveillance as a plant state, rather than having the results of the surveillance factor into the operability determination. In addition, it did not provide for a definite time to restore functionality to the control room envelope, whereas all improved standard technical specifications

(iSTS)contain such provisions. Moreover, Appendix B was included as a “strawman,” to be deleted when details had been more carefully worked out with industry participation, and those technical specifications placed in the iSTS with all other acceptable technical specifications. As of the publication date of this Revision 1 of Regulatory Guide 1.196, no utility has been granted the technical specification changes represented by Appendix B to the original version of this guide. Consequently, the NRC staff elected to remove Appendix B (and all related references) from this revision. Removal of Appendix B from this revised guide does not require any stakeholder to take any action and does not reduce safety in any way. Moreover, public meetings with the owners' group Technical Specification Task Force have provided ample opportunity for public comment regarding this revision. Therefore, the staff views the removal of Appendix B as a neutral action, for which further public comments are unnecessary. For that reason, the staff chose not to issue this revision as a draft guide for public comment before publishing this Revision 1 of Regulatory Guide 1.196. Nonetheless, the NRC staff encourages and welcomes comments and suggestions in connection with improvements to published regulatory guides, as well as items for inclusion in regulatory guides that are currently being developed. You may submit comments by any of the following methods. Mail comments to: Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand-deliver comments to: Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Fax comments to: Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission at

(301)415-5144. Requests for technical information about Revision 1 of Regulatory Guide 1.196 may be directed to Harold Walker, at

(301)415-2827 or *HXW@nrc.gov.* Regulatory guides are available for inspection or downloading through the NRC's public Web site at *http://www.nrc.gov/reading-rm/doc-collections/reg-guides/.* In addition, Revision 1 of Regulatory Guide 1.196 is available for inspection or downloading through ADAMS at *http://www.nrc.gov/reading-rm/adams.html,* under Accession #ML063560144. Revision 1 of Regulatory Guide 1.196 and other related publicly available documents can also be viewed electronically on computers in the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland. The PDR's reproduction contractor will make copies of documents for a fee. The PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at

(301)415-4737 or

(800)397-4205, by fax at

(301)415-3548, and by e-mail to *PDR@nrc.gov.* Please note that the NRC does not intend to distribute printed copies of Revision 1 of Regulatory Guide 1.196, unless specifically requested on an individual basis with adequate justification. Such requests for single copies of draft or final guides (which may be reproduced) should be made in writing to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Reproduction and Distribution Services Section; by e-mail to *DISTRIBUTION@nrc.gov;* or by fax to

(NRC)has issued a revision to an existing guide in the agency's Regulatory Guide Series. This series has been developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Revision 1 of Regulatory Guide 1.200, “An Approach for Determining the Technical Adequacy of Probabilistic Risk Assessment Results for Risk-Informed Activities,” describes one acceptable approach for determining whether the quality of a probabilistic risk assessment (PRA), in total or the parts that are used to support an application, is sufficient to provide confidence in the results, such that the PRA can be used in regulatory decision-making for light-water reactors. Specifically, Revision 1 of Regulatory Guide 1.200 provides guidance in four areas:

(1)A minimal set of requirements of a technically acceptable PRA.

(2)The NRC's position on PRA consensus standards and industry PRA program documents.

(3)Demonstration that the PRA (in total or specific parts) used in regulatory applications is of sufficient technical adequacy.

(4)Documentation to support a regulatory submittal. This guidance is intended to be consistent with the NRC's PRA Policy Statement, entitled “Use of Probabilistic Risk Assessment Methods in Nuclear Activities: Final Policy Statement,” which the NRC published in the **Federal Register** on August 16, 1995 (60 FR 42622) to encourage use of PRA in all regulatory matters. That Policy Statement states that “* * * the use of PRA technology should be increased to the extent supported by the state-of-the-art in PRA methods and data and in a manner that complements the NRC's deterministic approach.” Since that time, many uses have been implemented or undertaken, including modification of the NRC's reactor safety inspection program and initiation of work to modify reactor safety regulations. Consequently, confidence in the information derived from a PRA is an important issue, in that the accuracy of the technical content must be sufficient to justify the specific results and insights that are used to support the decision under consideration. Revision 1 of Regulatory Guide 1.200 is also intended to be consistent with the more detailed guidance in Regulatory Guide 1.174, “An Approach for Using Probabilistic Risk Assessment in Risk-Informed Decisions on Plant-Specific Changes to the Licensing Basis,” which the NRC issued in November 2002. In addition, Revision 1 of Regulatory Guide 1.200 is intended to reflect and endorse (with certain objections) the following guidance provided by the American Society of Mechanical Engineers

(ASME)and the Nuclear Energy Institute (NEI): • ASME RA-S-2002, “Standard for Probabilistic Risk Assessment for Nuclear Power Plant Applications,” dated April 5, 2002. • ASME RA-Sa7-2003, “Standard for Probabilistic Risk Assessment for Nuclear Power Plant Applications,” Addendum A to ASME RA-S-2002, dated December 5, 2003. • ASME RA-Sb-2005, “Standard for Probabilistic Risk Assessment for Nuclear Power Plant Applications,” Addendum B to ASME RA-S-2002, dated December 30, 2005. • NEI-00-02, “Probabilistic Risk Assessment Peer Review Process Guidance,” Revision A3, dated March 20, 2000, with its supplemental guidance on industry self-assessment, dated August 16, 2002, Revision 1, dated May 19, 2006, and an update to Revision 1 dated November 15, 2006. • NEI-05-04, “Process for Performing Follow-on PRA Peer Reviews Using the ASME PRA Standard,” dated January 2005. When used in support of an application, this regulatory guide will obviate the need for an in-depth review of the base PRA by NRC reviewers, allowing them to focus their review on key assumptions and areas identified by peer reviewers as being of concern and relevant to the application. Consequently, this guide will provide for a more focused and consistent review process. In this regulatory guide, as in Regulatory Guide 1.174, the quality of a PRA analysis used to support an application is measured in terms of its appropriateness with respect to scope, level of detail, and technical acceptability. This regulatory guide was issued for trial use in February of 2004, and five trial applications were conducted. The staff subsequently revised Regulatory Guide 1.200 to incorporate the lessons learned from those pilot applications. The NRC solicited public comment on this guidance by publishing a **Federal Register** notice (71 FR 54530) concerning Draft Regulatory Guide DG-1161. The public comment period closed on October 14, 2006, and the staff has considered and appropriately addressed all comments received. The staff's responses to all comments received are available in the NRC's Agencywide Documents Access and Management System (ADAMS) at *http://www.nrc.gov/reading-rm/adams.html,* under Accession #ML070040474. The NRC staff encourages and welcomes comments and suggestions in connection with improvements to published regulatory guides, as well as items for inclusion in regulatory guides that are currently being developed. You may submit comments by any of the following methods. Mail comments to: Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand-deliver comments to: Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Fax comments to: Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission at

(301)415-5144. Requests for technical information about Regulatory Guide 1.200 may be directed to Ms. Mary T. Drouin, at

(301)415-6675 or *MXD@nrc.gov.* Regulatory guides are available for inspection or downloading through the NRC's public Web site in the Regulatory Guides document collection of the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/doc-collections/.* Regulatory Guide 1.200 is also available for inspection or downloading through the NRC's Agencywide Documents Access and Management System (ADAMS) at *http://www.nrc.gov/reading-rm/adams.html,* under Accession #ML070240001. In addition, Revision 1 of Regulatory Guide 1.200 and other related publicly available documents, including public comments received, can be viewed electronically on computers in the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will make copies of documents for a fee. The PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at

(301)415-4737 or

(800)397-4205, by fax at

(301)415-3548, and by e-mail to *PDR@nrc.gov.* Please note that the NRC does not intend to distribute printed copies of Revision 1 of Regulatory Guide 1.200, unless specifically requested on an individual basis with adequate justification. Such requests for single copies (which may be reproduced) should be made in writing to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Reproduction and Distribution Services Section; by e-mail to *DISTRIBUTION@nrc.gov;* or by fax to

(301)415-2289. Telephone requests cannot be accommodated. Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. (5 U.S.C. 552(a)) Dated at Rockville, Maryland, this 26th day of January, 2007. For the U.S. Nuclear Regulatory Commission. Brian W. Sheron, Director, Office of Nuclear Regulatory Research. [FR Doc. E7-2089 Filed 2-7-07; 8:45 am] BILLING CODE 7590-01-P PENSION BENEFIT GUARANTY CORPORATION Required Interest Rate Assumption for Determining Variable-Rate Premium for Premium Payment Years Beginning in January 2007 AGENCY: Pension Benefit Guaranty Corporation. ACTION: Notice of interest rate assumption. SUMMARY: This notice informs the public of the interest rate assumption to be used for determining the variable-rate premium under the Pension Benefit Guaranty Corporation's regulation on premium rates, for premium payment years beginning in January 2007. This notice revises a previously-published notice to reflect the recent publication by the Internal Revenue Service of updated mortality tables. This interest rate assumption can be derived from rates published elsewhere, but is published in this notice for the convenience of the public. Interest rates are also published on the PBGC's Web site ( *http://www.pbgc.gov* ). DATES: The required interest rate assumption for determining the variable-rate premium under part 4006 applies to premium payment years beginning in January 2007. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Manager, Regulatory and Policy Division, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.) SUPPLEMENTARY INFORMATION: Section 4006(a)(3)(E)(iii)(II) of the Employee Retirement Income Security Act of 1974 (ERISA) and § 4006.4(b)(1) of the PBGC's regulation on Premium Rates (29 CFR part 4006) prescribe use of an assumed interest rate (the “required interest rate”) in determining a single-employer plan's variable-rate premium. On February 2, 2007 (at 72 FR 4955), the Internal Revenue Service

(IRS)published final regulations containing updated mortality tables for determining current liability under section 412(l)(7) of the Code and section 302(d)(7) of ERISA for plan years beginning on or after January 1, 2007. As a result, in accordance with section 4006(a)(3)(E)(iii)(II) of ERISA, the required interest rate for plan years beginning on or after January 1, 2007, is 100 percent of the annual rate of interest determined by the Secretary of the Treasury on amounts invested conservatively in long-term investment grade corporate bonds for the month preceding the beginning of the plan year for which premiums are being paid (premium payment year). On January 12, 2007 (at 72 FR 1564), the Pension Benefit Guaranty Corporation

(PBGC)published a notice informing the public of the interest rate assumption to be used for determining variable-rate premiums for premium payment years beginning in January 2007. In light of IRS's publication of the updated mortality tables, that required interest rate assumption has changed. The required interest rate to be used for determining variable-rate premiums for premium payment years beginning in January 2007 is 5.75 percent (i.e., 100 percent of the 5.75 percent composite corporate bond rate for December 2006). PBGC will post the revised required interest rate on its Web site ( *http://www.pbgc.gov* ). Issued in Washington, DC, on this 5th day of February 2007. Vincent K. Snowbarger, Interim Director, Pension Benefit Guaranty Corporation. [FR Doc. E7-2087 Filed 2-7-07; 8:45 am] BILLING CODE 7709-01-P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon written request, copies available from: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. Extension: Rule 10b-10, SEC File No. 270-389, OMB Control No. 3235-0444. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the Securities and Exchange Commission (“Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. • Rule 10b-10; Confirmation of Transactions. Rule 10b-10 (17 CFR 240.10b-10) of the Securities Exchange Act of 1934 (17 U.S.C. 78a *et seq.* ) requires broker-dealers to convey basic trade information to customers regarding their securities transactions. This information includes: the date and time of the transaction, the identity and number of shares bought or sold, and the trading capacity of the broker-dealer. Depending on the trading capacity of the broker-dealer, the Rule requires the disclosure of commissions as well as mark-up and mark-down information. For transactions in debt securities, the Rule requires the disclosure of redemption and yield information. The Rule potentially applies to all of the approximately 6,014 firms registered with the Commission that affect transactions on behalf of customers. The confirmations required by Rule 10b-10 are generally processed through automated systems. It takes approximately 1 minute to generate and send a confirmation. It is estimated that broker-dealers spend 77.4 million hours per year complying with Rule 10b-10. The Commission staff estimates the costs of producing and sending a paper confirmation, including postage, to be approximately 91 cents. The Commission staff also estimates that the cost of producing and sending a wholly electronic confirmation is approximately 52 cents. The amount of confirmations sent and the cost of sending each confirmation varies from firm to firm. Smaller firms generally send fewer confirmations than larger firms because they affect fewer transactions. Written comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimates of the burden of the proposed collection of information;

(c)ways to enhance the quality, utility and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-mail to: *PRA_Mailbox@sec.gov.* Comments must be submitted to OMB within 60 days of this notice. Dated: January 31, 2007. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-2086 Filed 2-7-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. IC-27695; File No. 812-13325] Country Investors Life Assurance Company, et al. February 2, 2007. AGENCY: Securities and Exchange Commission (the “Commission”). ACTION: Notice of application for an order pursuant to Section 26(c) of the Investment Company Act of 1940, as amended (the “1940 Act” or “Act”), approving certain substitutions of securities. APPLICANTS: COUNTRY Investors Life Assurance Company (the “Company”), COUNTRY Investors Variable Life Account (the “Life Account”) and COUNTRY Investors Variable Annuity Account (the “Annuity Account”) (together, the “Applicants”) SUMMARY: Applicants seek an order pursuant to Section 26(c) of the 1940 Act approving the substitution of:

(1)Shares of the EquiTrust High Grade Bond Portfolio (“Replacement Portfolio A”) of the EquiTrust Variable Insurance Series Fund (the “EquiTrust Fund”) for shares of the COUNTRY VP Short-Term Bond Fund (“Replaced Portfolio A”) of the COUNTRY Mutual Funds Trust (the “COUNTRY Fund”); and

(2)shares of the T. Rowe Price Personal Strategy Balanced Portfolio (“Replacement Portfolio B”) of the T. Rowe Price Equity Series, Inc. (the “T. Rowe Price Fund”) for shares of the COUNTRY VP Balanced Fund (“Replaced Portfolio B”) of the COUNTRY Fund. Shares of Replacement Portfolio A, Replacement Portfolio B, Replaced Portfolio A, and Replaced Portfolio B currently are held by the Life Account and the Annuity Account (each an “Account,” together, the “Accounts”) to support variable life insurance or variable annuity contracts, respectively, issued by the Company (collectively, the “Contracts”). Filing Date: The Application was filed on September 5, 2006 and amended and restated on January 24, 2007. Hearing or Notification of Hearing: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Secretary of the Commission and serving Applicants with a copy of the request, personally or by mail. Hearing requests must be received by the Commission by 5:30 p.m. on February 27, 2007, and should be accompanied by proof of service on Applicants in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the requester's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Secretary of the Commission. ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. Applicants, c/o Virginia L. Eves, Esq., General Attorney, Country Investors Life Assurance Company, 1701 N. Towanda Avenue, Bloomington, IL 61702-2901. Copy to Thomas E. Bisset, Esq., Sutherland Asbill & Brennan LLP, 1275 Pennsylvania Avenue, NW., Washington, DC 20004-2415. FOR FURTHER INFORMATION CONTACT: Alison T. White, Senior Counsel, or Joyce M. Pickholz, Branch Chief, Office of Insurance Products, Division of Investment Management, at

(202)551-6795. SUPPLEMENTARY INFORMATION: The following is a summary of the Application. The complete Application is available for a fee from the Public Reference Branch of the Commission. Applicants' Representations 1. The Company is a stock life insurance company organized under Illinois law in 1981. The Company is principally engaged in the offering of life insurance policies and annuity contracts, and is admitted to do business in 41 states. For purposes of the Act, the Company is the depositor and sponsor of each of the Accounts, as those terms have been interpreted by the Commission with respect to variable life insurance and variable annuity separate accounts. 2. Under the insurance law of Illinois, the assets of each Account attributable to the Contracts issued through that Account are owned by the Company, but are held separately from the other assets of the Company for the benefit of the owners of, and the persons entitled to payment under, those Contracts. Each Account is a “separate account” as defined by Rule 0-1(e) under the Act. Each Account is registered with the Commission as a unit investment trust (File No. 811-21394 (the Life Account); File No. 811-21330 (the Annuity Account)). Each Account is comprised of a number of subaccounts and each subaccount invests exclusively in one of the insurance dedicated mutual fund portfolios made available as investment options underlying the Contracts. 3. The Life Account is currently divided into 36 subaccounts. The assets of the Life Account support variable life insurance contracts, and interests in the Account offered through such contracts have been registered under the Securities Act of 1933, as amended (the “1933 Act”) on Form N-6 (File No. 333-106757). 4. The Annuity Account is currently divided into 36 subaccounts. The assets of the Annuity Account support variable annuity contracts, and interests in the Account offered through such contracts have been registered under the 1933 Act on Form N-4 (File No. 333-104424). 5. The Contracts are flexible premium variable life insurance and variable annuity contracts. The variable life insurance Contracts provide for the accumulation of values on a variable basis, a fixed basis, or a combination of both, throughout the insured's life, and for a death benefit upon the death of the insured. The variable annuity Contracts provide for the accumulation of values on a variable basis, a fixed basis, or a combination of both, during the accumulation period, and provide settlement or annuity payment options on a variable basis, a fixed basis, or a combination of both, during the income period. Under each of the Contracts, the Company reserves the right to substitute shares of one underlying fund for shares of another, or of another investment portfolio, including a portfolio of a different management investment company. 6. For as long as a variable life insurance Contract remains in force or a variable annuity Contract remains in force and has not yet been annuitized, a Contract owner may transfer all or any part of the Contract value from one subaccount to any other subaccount without limit, although certain restrictions apply to transfers to and from the fixed account interest investment option under the Contract funded by the Company's general account (the “Declared Interest Option”). The Company reserves the right to revoke or modify the transfer privilege to discourage excessive trading by Contract owners or to prevent transfers that may have a detrimental effect upon Contract owners, subaccount unit values, the insurance dedicated mutual fund portfolios underlying the subaccounts or the Declared Interest Option. The Contracts reserve to the Company the right to assess a charge of $25 for transfers in excess of twelve per Contract year. 7. The COUNTRY Fund is organized as a Delaware business trust and registered as an open-end management investment company under the Act (File No. 811-10475). The COUNTRY Fund currently offers 9 separate investment portfolios (each, a “Portfolio”), two of which would be involved in the proposed substitutions. The COUNTRY Fund issues a separate series of shares of beneficial interest in connection with each Portfolio and has registered such shares under the 1933 Act on Form N-1A (File No. 33-68270). COUNTRY Trust Bank (“COUNTRY Advisor”) serves as the investment adviser to each Portfolio, including both Replaced Portfolio A and Replaced Portfolio B. 8. The EquiTrust Fund is an open-end diversified management investment company registered under the Act (File No. 811-5069) consisting of six portfolios, each with its own investment objective(s), investment policies, restrictions, and attendant risks. One of those portfolios, the EquiTrust High Grade Bond Portfolio, is involved in the proposed substitution. The EquiTrust Fund issues a separate series of shares of beneficial interest in connection with each of those portfolios, and has registered such shares under the 1933 Act on Form N-1A (File No. 33-12791). EquiTrust Investment Management Services, Inc. is the investment adviser and manager to the EquiTrust Fund portfolios. Neither the EquiTrust Fund nor any of its portfolios is affiliated with the Applicants. 9. The T. Rowe Price Fund is a Maryland corporation that is registered as an open-end management investment company under the Act (File No. 811-07143) and currently offers seven investment portfolios, one of which—the T. Rowe Price Personal Strategy Balanced Portfolio—is involved in the proposed substitution. The T. Rowe Price Fund issues a series of shares of beneficial interest in connection with each portfolio, and has registered such shares under the 1933 Act on Form N-1A (File No. 33-52161). T. Rowe Price Associates, Inc., based in Baltimore, Maryland, acts as investment adviser to the T. Rowe Price Personal Strategy Balanced Portfolio. Neither the T. Rowe Price Fund nor any of its portfolios is affiliated with the Applicants. 10. The investment objectives of each Replaced Portfolio and Replacement Portfolio are as follows: a. *Replaced Portfolio A and Replacement Portfolio A:* The Country VP Short-Term Bond Fund seeks to achieve a high level of current income consistent with preservation of capital and maintenance of liquidity. The EquiTrust High Grade Bond Portfolio seeks to generate as high a level of current income as is consistent with investment in a diversified portfolio of high-grade income-bearing debt securities. b. *Replaced Portfolio B and Replacement Portfolio B:* The Country VP Balanced Fund seeks growth of capital and current income. The T. Rowe Price Strategy Balanced Portfolio seeks the highest total return over time consistent with emphasis on both capital appreciation and income. 11. The advisory fees, other expenses and total operating expenses (before and after any contractual waivers and reimbursements) for the year ended December 31, 2005, expressed as an annual percentage of average daily net assets, of the Replaced Portfolios and the Replacement Portfolios are as follows: Replaced Portfolio A Country VP Short-Term Bond Fund (Percent) Replacement Portfolio A EquiTrust High Grade Bond Portfolio (Percent) Advisory Fees .50 .30 Other Expenses .75 .15 Total Operating Expenses 1.25 .45 Less Contractual Fee Waivers and Expense Reimbursements (.55) N/A Net Operating Expenses .70 .45 Replaced Portfolio B Country VP Balanced Fund (Percent) Replacement Portfolio B T. Rowe Price Personal Strategy Balanced Portfolio (Percent) Advisory Fees .75 1 .90 Other Expenses .79 .00 Total Operating Expenses 1.54 .90 Less Contractual Fee Waivers and Expense Reimbursements (.64) N/A Net Operating Expenses .90 .90 1 Unified fee. 12. The investment performance of each Replacement Portfolio compares favorably to the investment performance of the corresponding Replaced Portfolio. For each of the last three fiscal years, the life of each Replaced Portfolio, the investment performance of each Replacement Portfolio has significantly exceeded the investment performance of the corresponding Replaced Portfolio. In addition, each Replacement Portfolio has a longer history of investment performance than that of the corresponding Replaced Portfolio. 13. Currently, under each Contract 36 different variable investment options are available for investment. Following the proposed substitution of shares of each Replacement Portfolio for shares of the corresponding Replaced Portfolio, 34 different variable investment options will be available under each Contract. 14. For those Contracts that are in force on the date of the proposed substitutions, the Company will take the following action during the twenty-four months following the date of the proposed substitutions. On the last day of each fiscal period (not to exceed a fiscal quarter), the Company will reimburse the Contract owners investing in the Replacement Portfolios to the extent that the sum of the operating expenses of the Replacement Portfolio (taking into account any fee waivers and expense reimbursements) and subaccount expenses for such period exceed, on an annualized basis, the sum of the operating expenses of the corresponding Replaced Portfolio (taking into account any fee waivers and expense reimbursements) and subaccount expenses for the fiscal year preceding the date of the proposed substitution. In addition, for twenty-four months following the proposed substitutions, the Company will not increase asset-based fees or charges for Contracts outstanding on the date of the proposed substitutions. 15. The Board of Trustees of the COUNTRY Fund voted to close the Replaced Portfolios to new investment as of July 31, 2006, and to liquidate both Replaced Portfolios on or before August 31, 2007, the Liquidation Date. In turn, Replaced Portfolio A and Replaced Portfolio B are no longer available for new investment under the Contracts (allocation of Contract value) as of July 31, 2006 (the “Closing Date”) and will be discontinued altogether under the Contracts on a date no later than the Liquidation Date. 16. Accumulated Contract value invested in the COUNTRY VP Short-Term Bond Fund and the COUNTRY VP Balanced Fund will automatically be transferred to the EquiTrust High Grade Bond Fund and the T. Rowe Price Personnel Strategy Balanced Fund, respectively, as of a date determined by the Company following receipt of a Commission order granting substitution relief (the “Substitution”). Contract owners will receive advance notice of the date of the Substitution (the “Substitution Date”). 17. By supplements dated July 6, 2006 (collectively, the “2006 Supplements”) to the prospectuses for the registration statements of the Accounts, the Company notified owners of the Contracts of its intention to take the necessary actions, including seeking an order requested to carry out the proposed substitutions. 18. The 2006 Supplements advised Contract owners that accumulated Contract value may continue to remain in the Replaced Portfolios after the Closing Date until the Substitution Date. After the Closing Date, Contract owners will not be able to allocate Contract value to the Replaced Portfolios from the alternative investment options available under the Contract. 19. From the date of the 2006 Supplements, Contract owners may transfer accumulated Contract value invested in the Replaced Portfolios to the other investment options available under the Contract free of charge and without such transfers counting against the number of free transfers allowed each Contract Year. For 30 days following the Substitution Date, Contract owners whose accumulated Contract value was invested in the Replaced Portfolios as of the Substitution Date and subsequently invested in the Replacement Portfolios as a result of the Substitution may transfer that accumulated Contract value from the Replacement Portfolios to the alternative investment options available under the Contract free of charge and without such transfers counting against the number of free transfers. Although the Company has no present intention to increase the charge for transfers under the Contract, the Company will not exercise any rights reserved by it under the Contract to impose additional charges for transfers until at least 30 days after the Substitution Date. 20. Further, all Contract owners invested in a Replaced Portfolio will have received the most recent corresponding Replacement Portfolio prospectus prior to the Substitution Date. 21. Within five days after the proposed substitutions, Contract owners who are affected by the substitutions will be sent a written notice informing them that the substitutions were carried out. The notice also will reiterate the facts that:

(a)For at least 30 days after the Substitution Date, the Company will not exercise any rights reserved by it under the Contract to impose additional charges for transfers; and

(b)for 30 days following the proposed substitutions, Contract owners may transfer accumulated Contract value invested in the Replacement Portfolios as a result of the Substitution out of the Replacement Portfolios and into the alternative investment options available under the Contracts free of charge and without such transfers counting against the number of free transfers allowed each Contract Year. 22. The Company will carry out the proposed substitutions by redeeming shares of each Replaced Portfolio held by the Accounts for cash and applying the proceeds to the purchase of shares of the corresponding Replacement Portfolio. Redemption requests and purchase orders will be placed simultaneously so that Contract values will remain fully invested at all times. All redemptions of shares of the Replaced Portfolios and purchases of shares of the Replacement Portfolios will be effected in accordance with Rule 22c-1 of the Act. 23. The proposed substitutions will take place at relative net asset value and will not result in a change in the amount of any Contract owner's accumulated Contract value or death benefit, or in the dollar value of his or her investment in any of the Accounts. Contract owners will not incur any fees or charges as a result of the proposed substitutions, nor will their rights or the Company's obligations under the Contracts be altered in any way. All applicable expenses incurred in connection with the proposed substitutions, including brokerage commissions and legal, accounting, and other fees and expenses, will be paid by the Company. In addition, the proposed substitutions will not result in adverse tax consequences for, and will not alter, the tax benefits to Contract owners. The proposed substitutions will not cause the Contract fees and charges currently being paid by existing Contract owners to be greater after the proposed substitutions than before the proposed substitutions. Conclusion For the reasons and upon the facts set forth above, Applicants submit that the requested order meets the standards set forth in Section 26(c). Applicants request an order of the Commission, pursuant to Section 26(c) of the Act, approving the Substitutions. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. 07-554 Filed 2-7-07; 8:45 am]

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