60 Day Federal Register Notice

8374

Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Notices

materials not available on-line, can be
found at the same two sources.
Member Selection: In addition to
other relevant sources of information,
the information received through this
nomination process will assist the
Assistant Secretary in making
appointments to ACCSH. In selecting
ACCSH members, the Assistant
Secretary will consider individuals
nominated in response to this Federal
Register notice, as well as other
qualified individuals. OSHA will
publish the new ACCSH membership
list in the Federal Register.
Federal Register Access: Electronic
copies of this Federal Register
document are available at http://
www.regulations.gov and at http://
www.gpoaccess.gov/fr/. Also this
document, as well as news releases and
other relevant information, is available
at OSHA’s Webpage, http://
www.osha.gov.
Authority and Signature
Edwin G. Foulke, Jr., Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice under the
authority granted by section 7 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 656), section 107 of the
Contract Work Hours and Safety
Standards Act (Construction Safety Act)
(40 U.S.C. 3701, et seq.), the Federal
Advisory Committee Act (5 U.S.C. App.
2), and Secretary of Labor’s Order No.
5–2007 (72 FR 31159).
Signed at Washington, DC, this 7th day of
February 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety & Health.
[FR Doc. E8–2625 Filed 2–12–08; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2008–0008]

Design of Cave-in Protection Systems;
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.

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AGENCY:

SUMMARY: OSHA solicits comments
concerning its request for an extension
of the information collection
requirements contained in 29 CFR

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1926.652, Requirements for Protective
Systems.
DATES: Comments must be submitted
(postmarked, sent, or received) by April
14, 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–2008–0008,
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
business hours, 8:15 a.m. to 4:45 p.m.,
e.t.
Instructions: All submissions must
include the Agency name and OSHA
docket number for the ICR (OSHA–
2008–0008). 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 Michael Buchet at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Michael Buchet, Directorate of
Construction, OSHA, U.S. Department
of Labor, Room N–3468, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693–2020.

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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 (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 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).
Paragraphs (b) and (c) of § 1926.652
(‘‘Requirements for Protective Systems’’;
the ‘‘Standard’’) contain paperwork
requirements that impose burden hours
or costs on employers. These paragraphs
require employers to use protective
systems to prevent cave-ins during
excavation work; these systems include
sloping the side of the trench, benching
the soil away from the excavation, or
using a support system or shield (such
as a trench box). The Standard specifies
allowable configuration and slopes for
excavations, and provides appendices to
assist employers in designing protective
systems. However, paragraphs (b)(3) and
(b)(4) of the Standard permit employers
to design sloping or benching systems
based on tabulated data (Option 1), or to
use a design approved by a registered
professional engineer (Option 2).
Under Option 1, employers must
provide the tabulated data in a written
form that also identifies the registered
professional engineer who approved the
data and the parameters used to select
the sloping or benching system drawn
from the data, as well as the limitations
of the data (including the magnitude
and configuration of slopes determined
to be safe); the document must also
provide any explanatory information
necessary to select the correct benching
system based on the data. Option 2

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Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Notices
requires employers to develop a written
design approved by a registered
professional engineer. The design
information must include the magnitude
and configuration of the slopes
determined to be safe, and the identity
of the registered professional engineer
who approved the design.
Paragraphs (c)(2), (c)(3), and (c)(4)
allow employers to design support
systems, shield systems, and other
protective systems based on tabulated
data provided by a system manufacturer
(Option 3) or obtained from other
sources and approved by a registered
professional engineer (Option 4); they
can also use a design approved by a
registered professional engineer (Option
5). If they select Option 3, employers
must complete a written form that
provides the manufacturer’s
specifications, recommendations, and
limitations, as well as any deviations
approved by the manufacturer. The
paperwork requirements of Option 4 are
the same as for Option 1. Option 5
requires a written form that provides a
plan indicting the sizes, types, and
configurations of the materials used in
the protective system and the identity of
the registered professional engineer who
approved the design.
Each of these provisions requires
employers to maintain a copy of the
documents described in these options at
the jobsite during construction. After
construction is complete, employers
may store the documents off-site
provided they make them available to
an OSHA compliance officer on request.
These documents provide both the
employer and the compliance officer
with information needed to determine if
the selection and design of a protective
system are appropriate to the excavation
work, thereby assuring employees of
maximum protection against cave-ins.

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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.

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III. Proposed Actions
The Agency is requesting that OMB
extend its approval of the information
collection requirements contained in 29
CFR 1926.652, Requirements for
Protective Systems. The Agency will
summarize the comments submitted in
response to this notice and will include
this summary in the request to OMB to
extend the approval of the information
collection requirements contained in the
Standard.
Type of Review: Extension of
currently approved information
collection requirements.
Title: Design of Cave-in Protection
System.
OMB Number: 1218–0137.
Affected Public: Business or other forprofits.
Number of Respondents: 20,000.
Frequency of Response: On occasion.
Total Responses: 20,000.
Average Time per Response: Two
hours to obtain information on the
design of cave-in protection systems.
Estimated Total Burden Hours: 20,022
hours.
Estimated Cost (Operation and
Maintenance): $815,400.
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–2008–0008).
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://

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8375

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 Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’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 February 7,
2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–2624 Filed 2–12–08; 8:45 am]
BILLING CODE 4510–26–P

NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–64; EA–07–195]

In the Matter of: Certain 10 CFR Part
72 Licensees Who Have Near-Term
Plans To Store Spent Fuel in an ISFSI
Under General License Provision of 10
CFR Part 72 Order Modifying License
(Effective Immediately)
U.S. Nuclear Regulatory
Commission.
ACTION: Issuance of Order for
Implementation of Additional Security
Measures and Fingerprinting for
Unescorted Access to Certain Spent
Fuel Storage Licensees.
AGENCY:

L.
Raynard Wharton, Senior Project
Manager, Licensing and Inspection
Directorate, Division of Spent Fuel
Storage and Transportation, Office of
Nuclear Material Safety and Safeguards
(NMSS), U.S. Nuclear Regulatory
Commission (NRC), Rockville, MD
20852. Telephone: (301) 492–3316; fax

FOR FURTHER INFORMATION CONTACT:

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