[Federal Register Volume 71, Number 77 (Friday, April 21, 2006)]
[Notices]
[Page 20732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3795]



[[Page 20732]]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Freedom of Information Act; Notice of Lawsuit

AGENCY: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

ACTION:  Notice of lawsuit; solicitation of information.

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SUMMARY: OSHA seeks information about potential objections to public 
release of sampling data.

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received) 
by May 22, 2006.
    Facsimile and electronic transmission: Your comments must be 
received by May 22, 2006.

ADDRESSES: You may submit comments by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger 
service: Submit your comments and attachments to: Kevin Ropp, Director, 
OSHA Office of Communications, Room N-3647, U.S. Department of Labor, 
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 
693-1999, (OSHA's TTY number is (877) 889-5627), Office of 
Communication and Department of Labor hours are: 8:15 a.m. to 4:45 
p.m., e.t.
    Facsimile: If your comments are 10 pages or fewer in length, 
including attachments, you may fax them to Kevin Ropp at (202) 693-
1635.
    Electronic: You may submit comments through the Internet at: http://ecomments.osha.gov. For submitting comments electronically follow 
instructions for submitting comments on the OSHA Web page at http://www.OSHA.gov.

FOR FURTHER INFORMATION CONTACT: Kevin Ropp, Director, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1999 or fax: 
(202) 693-1635.

SUPPLEMENTARY INFORMATION: 

I. Background

    This notice pertains to all employers that were subject to air 
sampling by the Occupational Safety and Health Administration 
(``OSHA'') from 1979 to June 1, 2005. On November 22, 2005, the 
Department was sued in the United States District Court for the 
District of New Jersey under the Freedom of Information Act (FOIA) to 
compel the disclosure of all air sampling data that OSHA collected 
nationwide from 1979 to June 1, 2005. Adam M. Finkel v. United States 
Department of Labor, Occupational Safety and Health Administration, No. 
3:05-cv-05525-MLC-TJB. This notice is required by 29 CFR 70.26(h). A 
complete response to this FOIA request would result in the public 
disclosure of sampling records located at OSHA's Salt Lake City 
Technical Center, which processes workplace samples taken by OSHA 
compliance officers during onsite compliance visits.

II. Issues for Comment

    The FOIA request seeks information concerning all samples taken by 
OSHA from 1979 to June 1, 2005. Information requested for each sample 
includes the establishment name and address; the identity of the 
substances sample; the sample type (personal, bulk, area, wipe, etc.); 
the numerical results of the sample analysis; and other information. 
OSHA hereby solicits comments from affected employers in order to 
determine whether public release, in a form that identifies specific 
employers or workplaces, of sampling data that indicates chemical 
identities and the use or presence of particular chemicals or 
substances, would disclose confidential commercial or trade secret 
information.

    Signed at Washington, DC this 17th day of April, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
[FR Doc. 06-3795 Filed 4-20-06; 8:45 am]
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