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Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices

Dated: April 12, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011–9193 Filed 4–19–11; 8:45 am]
BILLING CODE 4510–43–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0062]

Powered Industrial Trucks 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 comments.
AGENCY:

OSHA solicits public
comments concerning its proposal to
extend OMB approval of the
information collection requirements
contained in the Powered Industrial
Trucks Standard (29 CFR 1910.178). The
information collection requirements
address truck design, construction, and
modification, as well as certification of
training and evaluation for truck
operators.

I. Background

Comments must be submitted
(postmarked, sent, or received) by June
20, 2011.
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 a
copy of your comments and attachments
to the OSHA Docket Office, Docket No.
OSHA–2011–0062, 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 (OSHA–2011–0062) for
the Information Collection Request
(ICR). All comments, including any

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).
Paragraph (a)(4) of the Standard
requires that employers obtain the

SUMMARY:

DATES:

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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 website. All submissions, including
copyrighted material, are available for
inspection and copying at the OSHA
Docket Office. You may also contact
Theda Kenney at the address below to
obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Todd Owen,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3609, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:

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manufacturer’s written approval before
modifying a truck in a manner that
affects its capacity and safe operation; if
the manufacturer grants such approval,
the employer must revise capacity,
operation, and maintenance instruction
plates, tags, and decals accordingly. For
front-end attachments not installed by
the manufacturer, paragraph (a)(5)
mandates that employers provide a
marker on the trucks that identifies the
attachment, as well as the weight of
both the truck and the attachment when
the attachment is at maximum elevation
with a laterally centered load. Paragraph
(a)(6) specifies that employers must
ensure that the markers required by
paragraphs (a)(3) through (a)(5) remain
affixed to trucks and are legible.
Paragraphs (l)(1) through (l)(6) of the
Standard contain the paperwork
requirements necessary to certify the
training provided to powered industrial
truck operators. Accordingly, these
paragraphs specify the following
requirements for employers:
• Paragraph (l)(1)—Ensure that
trainees successfully complete the
training and evaluation requirements of
paragraph (l) prior to operating a truck
without direct supervision.
• Paragraph (l)(2)—Allow trainees to
operate a truck only under the direct
supervision of an individual with the
knowledge, training, and experience to
train operators and to evaluate their
performance, and under conditions that
do not endanger other employees. The
training program must consist of formal
instruction, practical training, and
evaluation of the trainee’s performance
in the workplace.
• Paragraph (l)(3)—Provide the
trainees with initial training on each of
22 specified topics, except on topics
that the employer demonstrates do not
apply to the safe operation of the
truck(s) in the employer’s workplace.
• Paragraphs (l)(4)(i) and (l)(4)(ii)—
Administer refresher training and
evaluation on relevant topics to
operators found by observation or
formal evaluation to have operated a
truck unsafely, been involved in an
accident or near-miss incident, or been
assigned to operate another type of
truck, or if the employer identifies a
workplace condition that could affect
safe truck operation.
• Paragraph (l)(4)(iii)—Evaluate each
operator’s performance at least once
every three years.
• Paragraph (l)(5)—Train rehires only
in specific topics that they performed
unsuccessfully during an evaluation and
that are appropriate to the employer’s
truck(s) and workplace conditions.
• Paragraph (l)(6)—Certify that each
operator meets the training and

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Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices
evaluation requirements specified by
paragraph (l). This certification must
include the operator’s name, the
training date, the evaluation date, and
the identity of the individual(s) who
performed the training and evaluation.
Requiring labels (markings) of
modified equipment notifies employees
of the conditions under which they can
safely operate powered industrial
trucks, thereby preventing such hazards
as fires and explosions caused by poorly
designed electrical systems, rollovers/
tipovers that result from exceeding a
truck’s stability characteristics, and
falling loads that occur when loads
exceed the lifting capacities of
attachments. Certification of training
and evaluation provides a means of
informing employers that their
employees received the training and
demonstrated the performance
necessary to operate a truck within its
capacity and control limitations.
Therefore, by ensuring that employees
operate only trucks that are in proper
working order, and do so safely,
employers prevent possible severe
injury or death of truck operators and
other employees who are in the vicinity
of the trucks. Finally, these paperwork
requirements are the most efficient
means for an OSHA compliance officer
to determine that an employer properly
notified employees regarding the design
and construction of, and modifications
made to, the trucks they are operating,
and that their employer provided them
with the required training.

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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
Standard on Powered Industrial Trucks
(29 CFR 1910.178). The Agency is
requesting an increase to its current
burden hour estimate of 33,706 hours

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(from 854,538 hours to 888,244 hours).
The increase is due to updated data
indicating a rise in the number of
powered industrial trucks from
1,134,699 to 1,179,441 and the number
of operators from 1,702,048 to
1,769,162. 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 a
currently approved collection.
Title: Powered Industrial Trucks (29
CFR 1910.178).
OMB Number: 1218–0242.
Affected Public: Business or other forprofits.
Number of Respondents: 1,769,162.
Frequency: On occasion; annually;
triennially.
Average Time per Response: Ranges
from two minutes (.03 hour) to mark an
approved truck to 6.50 hours to train
new truck operators.
Estimated Total Burden Hours:
888,244.
Estimated Cost (Operation and
Maintenance): $247,695.
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–2011–0062). 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

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22155

personal information such as social
security numbers and dates 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
David Michaels, PhD, MPH, 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. 4–2010 (72 FR 55355).
Signed at Washington, DC, on April 15,
2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2011–9569 Filed 4–19–11; 8:45 am]
BILLING CODE 4510–26–P

MARINE MAMMAL COMMISSION
Sunshine Act Notice
The Marine Mammal
Commission and its Committee of
Scientific Advisors on Marine Mammals
will meet on Tuesday, 10 May 2011,
from 1 p.m. to 6 p.m.; Wednesday, 11
May 2011, from 8:30 a.m. to 6 p.m.; and
Thursday, 12 May 2011, from 8:30 a.m.
to 5 p.m. The Commission and the
Committee will meet in executive
session on Tuesday, 10 May 2011, from
9:30 to 11:30 a.m.
PLACE: Astor Crown Plaza Hotel, 739
Canal Street, New Orleans, LA 70130;
telephone: 504–962–0500; fax: 504–
962–0503.
STATUS: The executive session will be
closed to the public in accordance with
the provisions of the Government in the
Sunshine Act (5 U.S.C. 552b) and
applicable regulations. The session will
be for internal discussions of process,
personnel, and the budget of the
Commission. All other portions of the
meeting will be open to the public.
Public participation will be allowed as
TIME AND DATE:

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