Preclearance Federal Register Notice 12-14-2007

60-day FRN Notice_12-14-2007.pdf

Underground Construction Standard (29 CFR 1926.800)

Preclearance Federal Register Notice 12-14-2007

OMB: 1218-0067

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Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Notices
Comments submitted in response to
this comment request will be
summarized and/or included in the
request for Office of Management and
Budget approval of the information
collection request; they will also
become a matter of public record.
Dated: December 7, 2007.
Gay M. Gilbert,
Administrator, Office of Workforce
Investment, Employment and Training
Administration.
[FR Doc. E7–24180 Filed 12–13–07; 8:45 am]
BILLING CODE 4510–FN–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0085]

Underground Construction Standard;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.
AGENCY:

SUMMARY: OSHA solicits public
comment concerning its proposal to
extend OMB approval of the
information collection requirements
specified in the Underground
Construction Standard (29 CFR
1926.800).

Comments must be submitted
(postmarked, sent, or received) by
February 12, 2008.
ADDRESSES: Electronically: You may
submit comments and attachments
electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit
three copies of your comments and
attachments to the OSHA Docket Office,
OSHA Docket No. OSHA–2007–0085,
U.S. Department of Labor, Occupational
Safety and Health Administration,
Room N–2625, 200 Constitution
Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail,
messenger, and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal

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DATES:

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business hours, 8:15 a.m. to 4:45 p.m.,
ET.
Instructions: All submissions must
include the Agency name and OSHA
docket number for the ICR (OSHA–
2007–0085). All comments, including
any personal information you provide,
are placed in the public docket without
change, and may be made available
online at http://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to http://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Stewart
Burkhammer at the address below to
obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT:
Stewart Burkhammer, Directorate of
Construction, OSHA, U.S. Department
of Labor, Room N–3468, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693–2020.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995
(PRA–95) (44 U.S.C. 3506(c)(2)(A)).
This program ensures that
information is in the desired format,
reporting burden (time and costs) is
minimal, collection instruments are
clearly understood, and OSHA’s
estimate of the information collection
burden is accurate. The Occupational
Safety and Health Act of 1970 (the OSH
Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as
necessary or appropriate for
enforcement of the Act or for developing
information regarding the causes and
prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657).
The OSH Act also requires that OSHA
obtain such information with minimum

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burden upon employers, especially
those operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
Posting warning signs or notices.
Seven paragraphs in the Underground
Construction Standard (‘‘the Standard’’),
29 CFR 1926.800, require employers to
post warning signs or notices during
underground construction; these
paragraphs are (b)(3), (i)(3), (j)(1)(vi)(A),
(m)(2)(ii), (o)(2), (q)(11), and (t)(1)(iv)(B).
The warning signs and notices required
by these paragraphs enable employers to
effectively alert employees to the
presence of hazards or potential hazards
at the job site, thereby preventing
employee exposure to hazards or
potential hazards associated with
underground construction that could
cause death or serious harm.
Certification of inspection records for
hoists. Paragraph (t)(3)(xxi) of the
Standard requires employers to inspect
and load test hoists when they install
them, and at least annually thereafter;
they must also inspect and load test a
hoist after making any repairs or
alterations to it that affect its structural
integrity, and after tripping a safety
device on the hoist. Employers must
also prepare a certification record of
each inspection and load test that
includes specified information, and
maintain the most recent certification
record until they complete the
construction project.
Establishing and maintaining a
written record of the most recent
inspection and load test alerts
equipment mechanics to problems
identified during the inspection. Prior to
returning the equipment to service,
employers can review the records to
ensure that the mechanics performed
the necessary repairs and maintenance.
Accordingly, by using only equipment
that is in safe working order, employers
will prevent severe injury and death to
the equipment operators and other
employees who work near the
equipment. In addition, these records
provide the most efficient means for
OSHA compliance officers to determine
that an employer performed the
required inspections and load tests,
thereby assuring that the equipment is
safe to operate.
Developing and maintaining records
for air quality tests. Paragraph (j)(3) of
the Standard mandates that employers
develop records for air quality tests
performed under paragraph (j),
including air quality tests required by
paragraphs (j)(1)(ii)(A) through
(j)(1)(iii)(A), (j)(1)(iii)(B), (j)(1)(iii)(C),
(j)(1)(iii)(D), (j)(1)(iv), (j)(1)(v)(A),
(j)(1)(v)(B), and (j)(2)(i) through (j)(2)(v).

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Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Notices

Paragraph (j) also requires that air
quality records include specified
information, and that employers
maintain the records until the
underground construction project is
complete; they must also make the
records available to OSHA compliance
officers on request.
Maintaining records of air quality
tests allows employers to document
atmospheric hazards, and to ascertain
the effectiveness of controls (especially
ventilation) and implement additional
controls if necessary. Accordingly, these
requirements prevent serious injury and
death to employees who work on
underground construction projects. In
addition, these records provide an
efficient means for employees to
evaluate the accuracy and effectiveness
of an employer’s exposure reduction
program, and for OSHA compliance
officers to determine that employers
performed the required tests and
implemented appropriate controls.

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II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend
its approval of the information
collection requirements contained in the
Underground Construction Standard (29
CFR 1926.800). The Agency is
requesting to retain its current burden
hour total of 57,949 hours associated
with this Standard. The Agency will
summarize the comments submitted in
response to this notice and will include
this summary in the request to OMB.
Type of Review: Extension of
currently approved information
collection requirements.
Title: Underground Construction
Standard (29 CFR 1926.800).
OMB Number: 1218–0067.
Affected Public: Business or other forprofit; not-for-profit institutions; Federal
government; State, local, or Tribal
governments.

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Number of Respondents: 323.
Frequency of Response: Varies from
recording air quality tests twice per shift
to posting a warning sign or notice once
every two years.
Average Time per Response: Varies
from 30 seconds to read and record air
quality test results to one hour to
inspect, load test, and complete and
maintain a certification record for a
hoist.
Average Time per Response: Varies
from 2 minutes (.03 hour) to post
emergency numbers to 15 minutes (.25
hour) to develop and post load limits for
floors.
Estimated Total Burden Hours:
57,949.
Estimated Cost. (Operation and
Maintenance): $0.
IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) Electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2007–0085).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350 (TTY (877) 889–
5627).
Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and date of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this website.
All submissions, including copyrighted

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material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov website to submit
comments and access the docket is
available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available through the Web site, and for
assistance in using the Internet to locate
docket submissions.
V. 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. 5–2007 (72 FR 31159).
Signed at Washington, DC, on December
10, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E7–24209 Filed 12–13–07; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0084]

Construction Standards on Posting
Emergency Telephone Numbers and
Floor Load Limits; Extension of the
Office of Management and Budget’s
(OMB) Approval of Information
Collection (Paperwork) Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.
AGENCY:

SUMMARY: OSHA solicits public
comment concerning its proposal to
extend OMB approval of the
information collection requirements
specified by the Construction Standards
on Posting Emergency Telephone
Numbers and Floor Load Limits
(paragraph (f) of § 1926.50 and
paragraph (a)(2) of § 1926.250,
respectively).
DATES: Comments must be submitted
(postmarked, sent, or received) by
February 12, 2008.
ADDRESSES: Electronically: You may
submit comments and attachments
electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer

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File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2007-12-13
File Created2007-12-13

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