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23888 Federal Register / Vol. 70, No.

86 / Thursday, May 5, 2005 / Notices

Nigel Ellis of Ellis Safety Solutions, (1) The state standards meet the ‘‘at OFFICE OF MANAGEMENT AND
Wilmington, Delaware, claimed that least as effective’’ criteria of Section BUDGET
Oregon’s 10-foot trigger height for 18(c)(2) of the Act.
certain fall protection requirements Office of Federal Procurement Policy
(2) The record on these standards
renders the state’s standard less includes no persuasive evidence,
effective than the federal standard. The Determination of Executive
developed by or submitted to OSHA, Compensation Benchmark Amount
commenter suggested that Oregon adopt
that the standards are not in compliance Pursuant to Section 39 of the Office of
an across-the-board trigger height of 6
with the product clause test of Section Federal Procurement Policy (OFPP)
feet to be consistent with the federal
18(c)(2) of the Act. There is no evidence Act (41 U.S.C. 435), as Amended
standard. OSHA has reviewed the
Oregon fall protection standard for that the standards pose an undue
burden upon interstate commerce or are AGENCY: Office of Federal Procurement
overall effectiveness and in light of the Policy, OMB.
comments received. OSHA has also not based upon compelling local
conditions. Therefore the standards are ACTION: Notice.
reviewed a letter from Oregon OSHA
dated November 16, 2004, responding to presumed to be in compliance with
SUMMARY: The Office of Management
the comments and providing Section 18(c)(2) of the Act. and Budget (OMB) is hereby publishing
clarifications and assurances regarding OSHA therefore approves these the attached memorandum to the heads
its interpretation of the standard and standards; however, OSHA reserves the of executive departments and agencies
intended enforcement policies. OSHA’s right to reconsider this approval should concerning the determination of the
findings are as follows: substantial objections be submitted to maximum ‘‘benchmark’’ compensation
For many work activities Oregon’s fall the Assistant Secretary. amount that will be allowable under
protection standards mirror the federal government contracts during
standard and require employers to IV. Location of Basic State Plan
contractors’ FY 2005—$473,318. This
provide fall protection for employees Documentation determination is required under Section
working at heights of 6 feet and higher. 39 of the Office of Federal Procurement
OAR 437–003–1501(1)–(4). For some Copies of basic state plan
documentation are maintained at the Policy (OFPP) Act (41 U.S.C. 435), as
tasks, however, Oregon OSHA has a 10- amended. The benchmark compensation
foot trigger for fall protection following locations; specific documents
are available upon request, including a amount applies equally to both defense
requirements. OAR 437–003–1501. But and civilian procurement agencies.
while the federal standard often permits copy of these state standards, the
submitted comparisons to the FOR FURTHER INFORMATION CONTACT: Rein
employers to utilize alternative
equivalent federal standards, and public Abel, Office of Federal Procurement
measures, e.g., a controlled access zone
comments received. Oregon’s standards, Policy, (202) 395–3254.
with a safety monitor, at heights of 10
feet and above, OR–OSHA regularly program directives, and other David H. Safavian,
requires the use of conventional fall documents may be accessed on the Administrator.
protection at those more dangerous state’s Web page at http:// Memorandum for the Heads of
heights. Oregon has represented to www.cbs.state.or.us/external/osha/ Executive Departments and Agencies
federal OSHA that employers in that rules. Contact the Office of the Regional
state virtually never raise infeasibility as Administrator, Occupational Safety and Subject: Determination of Executive
a basis or defense for not providing Health Administration, 1111 Third Compensation Benchmark Amount
conventional fall protection, and that Avenue, Suite 715, Seattle, Washington Pursuant to Section 39 of the Office of
infeasibility has not been a successful 98101–3212, (206) 553–5930, fax (206) Federal Procurement Policy (OFPP) Act
argument in a contested case or 553–6499; Oregon Occupational Safety (41 U.S.C. 435), as amended.
recognized in settlement agreements. This memorandum sets forth the
and Health Division, Department of
Therefore, OSHA has determined that ‘‘benchmark compensation amount’’ as
Consumer and Business Services, 350
the Oregon standards are as strict or required by Section 39 of the Office of
Winter Street, Room 430, Salem, Oregon
stricter than the federal standard with Federal Procurement Policy (OFPP) Act
97301–3882, (503) 378–3272, fax (503)
respect to those activities for which the (41 U.S.C. 435), as amended. Under
7461; and the Office of State Programs,
state maintains a 6-foot trigger height Section 39, the benchmark
Occupational Safety and Health compensation amount is ‘‘the median
and for all work done at heights of 10 Administration, Room N–3700, 200
feet or higher. With respect to those few amount of the compensation provided
Constitution Avenue, NW., Washington, for all senior executives of benchmark
fall hazards between 6 and 10 feet that DC 20210, (202) 693–2244, fax (202)
are not otherwise covered by Oregon’s corporations for the most recent year for
693–1671. An electronic copy of this which data is available.’’ The
fall protection standard, the state has Federal Register notice, as well as
assured OSHA that it will consider the benchmark compensation amount
referenced federal OSHA standards, established by Section 39 limits the
issuance of citations or orders to correct may be obtained from the OSHA home
under its general duty clause (ORS allowability of compensation costs
page, http://www.osha.gov. under government contracts. The
654.010, 654.015), or the posting of red
warning notices (ORS 654.082). This notice is issued pursuant to benchmark compensation amount does
Accordingly, OSHA believes that section 18 of the Occupational Safety not limit the compensation that an
Oregon’s fall protection program is at and Health Act of 1970, Pub. L. 91–596, executive may otherwise receive. This
least as effective as the federal program. 84 STAT 1608 (29 U.S.C. 667). amount is based on data from
Signed at Seattle, Washington, this 9th day commercially available surveys of
III. Decision executive compensation that analyze the
of March 2005.
Having reviewed the state relevant data made available by the
Richard S. Terrill,
submissions and public comments Securities and Exchange Commission.
submitted in response to the August 9, Regional Administrator. More specifically, as required by
2004, Federal Register notice, OSHA [FR Doc. 05–8918 Filed 5–4–05; 8:45 am] Section 39 of the OFPP Act, the data
has determined that: BILLING CODE 4510–26–P used is the median (50th percentile)

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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Notices 23889

amount of compensation accrued over a Acting NASA Reports Officer, NASA Dated: April 26, 2005.
recent 12 month period for the top five Headquarters, 300 E Street SW., Mail Patricia L. Dunnington,
highest paid executives of public-traded Suite 6M70, Washington, DC 20546, Chief Information Officer.
companies with annual sales over $50 (202) 358–1230, kathleen.shaeffer- [FR Doc. 05–8989 Filed 5–4–05; 8:45 am]
million. After consultation with the 1@nasa.gov. BILLING CODE 7510–13–P
Director of the Defense Contract Audit
SUPPLEMENTARY INFORMATION:
Agency, we have determined pursuant
to the requirements of Section 39 that I. Abstract NATIONAL AERONAUTICS AND
the benchmark compensation amount SPACE ADMINISTRATION
The National Aeronautics and Space
for contractors’ Fiscal Year 2005 is
Administration (NASA) is requesting [05–084]
$473,318. This amount is for Fiscal Year
renewal of an existing collection that is
2005 and subsequent contractor fiscal Notice of Information Collection Under
used to ensure proper accounting of
years, unless and until revised by OMB. OMB Review
Federal funds and property provided
The benchmark compensation amount
under cooperative agreements with AGENCY: National Aeronautics and
applies to contract costs incurred after
commercial firms. Reporting and Space Administration (NASA).
January 1, 2005, under covered
recordkeeping are prescribed 14 CFR
contracts of both the defense and ACTION: Notice of information collection
Part 1274.
civilian procurement agencies as under OMB review.
specified in Section 39 of the OFPP Act Absence of the information provided
(41 U.S.C. 435), as amended. by agreement recipients by means of the SUMMARY: The National Aeronautics and
Questions concerning this following proposals, reports, and Space Administration, as part of its
memorandum may be addressed to Rein recordkeeping would result in NASA’s continuing effort to reduce paperwork
Abel, Office of Federal Procurement inability to carry out its mission and to and respondent burden, invites the
Policy, on (202) 395–3254. comply with statutory requirements general public and other Federal
(e.g., Chief Financial Officers Act, on agencies to take this opportunity to
David H. Safavian, the accountability of public funds and comment on proposed and/or
Administrator. maintenance of an appropriate internal continuing information collections, as
[FR Doc. 05–8950 Filed 5–4–05; 8:45 am] control system). required by the Paperwork Reduction
BILLING CODE 6325–49–P II. Method of Collection Act of 1995 (Pub. L. 104–13, 44 U.S.C.
3506(c)(2)(A)).
NASA utilized paper and electronic DATES: All comments should be
methods to collect information from submitted within 30 calendar days from
NATIONAL AERONAUTICS AND
collection respondents. the date of this publication.
SPACE ADMINISTRATION
III. Data ADDRESSES: All comments should be
[Notice: 05–085]
addressed to Desk Officer for NASA;
Title: Cooperative Agreements with Office of Information and Regulatory
Notice of Information Collection Under Commercial Firms.
OMB Review Affairs; Office of Management and
OMB Number: 2700–0092. Budget; Room 10236; New Executive
AGENCY: National Aeronautics and Type of Review: Extension of Office Building; Washington, DC 20503.
Space Administration (NASA). currently approved collection. FOR FURTHER INFORMATION CONTACT:
ACTION: Notice of information collection Affected Public: Business or other for- Requests for additional information or
under OMB review. profit. copies of the information collection
Estimated Number of Respondents: instrument(s) and instructions should
SUMMARY: The National Aeronautics and 58. be directed to Ms. Kathleen Shaeffer,
Space Administration, as part of its Estimated Time Per Response: Ranges Acting NASA Reports Officer, NASA
continuing effort to reduce paperwork from 20 minutes to 7 hours per Headquarters, 300 E Street, SW., Mail
and respondent burden, invites the response. Suite 6M70, Washington, DC 20546,
general public and other Federal Estimated Total Annual Burden (202) 358–1230, kathleen.shaeffer-
agencies to take this opportunity to Hours: 3,488. 1@nasa.gov.
comment on proposed and/or
Estimated Total Annual Cost: 0. SUPPLEMENTARY INFORMATION:
continuing information collections, as
required by the Paperwork Reduction IV. Request for Comments I. Abstract
Act of 1995 (Pub. L. 104–13, 44 U.S.C.
Comments are invited on: (1) Whether The National Aeronautics and Space
3506(c)(2)(A)).
the proposed collection of information Administration (NASA) is requesting
DATES: All comments should be is necessary for the proper performance renewal of an existing collection to
submitted within 30 calendar days from of the functions of NASA, including enable monitoring of contracts valued at
the date of this publication. whether the information collected has less than $500K. Collection is
ADDRESSES: All comments should be practical utility; (2) the accuracy of prescribed in the NASA Federal
addressed to Desk Officer for NASA; NASA’s estimate of the burden Acquisition Regulation Supplement and
Office of Information and Regulatory (including hours and cost) of the approved mission statements.
Affairs; Office of Management and proposed collection of information; (3) There are multiple uses of this
Budget; Room 10236; New Executive ways to enhance the quality, utility, and information by NASA procurement and
Office Building; Washington, DC 20503. clarity of the information to be technical personnel in the management
FOR FURTHER INFORMATION CONTACT: collected; and (4) ways to minimize the of contracts (e.g., evaluate contractor
Requests for additional information or burden of the collection of information management systems, ensure
copies of the information collection on respondents, including automated compliance with mandatory public
instrument(s) and instructions should collection techniques or the use of other policy provisions, evaluate and control
be directed to Ms. Kathleen Shaeffer, forms of information technology. costs charged against contracts, detect

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