60_Day_FR_Notice

60dayFRN_1218-0230(10-5-2011).pdf

Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial Lifts) (29 CFR 1910.67)

60_Day_FR_Notice

OMB: 1218-0230

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Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices

Pursuant to 29 CFR 90.18(c),
reconsideration may be granted under
the following circumstances:
(1) If it appears on the basis of facts
not previously considered that the
determination complained of was
erroneous;
(2) If it appears that the determination
complained of was based on a mistake
in the determination of facts not
previously considered; or
(3) If in the opinion of the Certifying
Officer, a misinterpretation of facts or of
the law justified reconsideration of the
decision.
During the reconsideration
investigation, the subject firm company
official clarified that the worker who
requested reconsideration worked at
Quad Graphics, Inc., Hartford,
Wisconsin (TA–W–73,441E). Further,
additional clarifying information was
received which resulted in an expanded
reconsideration investigation that
included:
• Quad Graphics, Inc., including
leased workers from Staff Management,
Inc., Sussex, Wisconsin (TA–W–73,441),
engaged in the production of magazines
and catalogs;
• Quad Tech, Inc., including leased
workers from FIRSTECH, Eagle
Technology Group, Inc., and RCM
Technologies, Sussex, Wisconsin (TA–
W–73,441A), engaged in the production
of automated controls and finishing
controls for printing presses and supply
of support services;
• Quad Graphics, Inc., including
leased workers from Staff Management,
Inc., West Allis, Wisconsin (TA–W–
73,441B), engaged in the production of
magazines and catalogs;
• Quad Graphics, Inc., including
leased workers from Staff Management,
Inc., Pewaukee, Wisconsin (TA–W–
73,441C), engaged in the production of
magazines and catalogs;
• Quad Graphics, Inc., including
leased workers from Staff Management,
Inc., Lomira, Wisconsin (TA–W–
73,441D), engaged in the production of
magazines and catalogs;
• Quad Graphics, Inc., including
leased workers from Staff Management,
Inc., Hartford, Wisconsin (TA–W–
73,441E), engaged in the production of
magazines and catalogs;
• World Color Mt. Morris II, LLC, a
subsidiary of Quad Graphics, Inc., Mt.
Morris, Illinois (TA–W–73,441F),
engaged in the production of magazines
and catalogs; and
• Quad Graphics, Inc., including
leased workers from SPS Temporaries,
Depew, New York (TA–W–73,441G),
engaged in the production of paperback
books.

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The reconsideration investigation
revealed that the following worker
groups have met the certification criteria
under Section 222(a) of the Trade Act,
19 U.S.C. 2272(a): TA–W–73,441, TA–
W–73,441A, TA–W–73,441B, TA–W–
73,441F, and TA–W–73,441G.
Criterion I has been met because a
significant number or proportion of
workers at each of the aforementioned
worker groups have become totally or
partially separated, or are threatened
with such separation.
Criterion II has been met because
there has been an acquisition from a
foreign country by the subject firm of
articles that are like or directly
competitive with those produced by the
aforementioned worker groups.
Criterion III has been met because the
acquisition of articles contributed
importantly to the workers’ separation
or threat of separation at the aforementioned worker groups.
A careful review of the administrative
record and additional information
obtained by the Department during the
reconsideration investigation revealed
that the following worker groups have
not met the certification criteria under
Section 222(a) of the Trade Act, 19
U.S.C. 2272(a): TA–W–73,441C, TA–W–
73,441D and TA–W–73,441E.
Criterion I has not been met because
a significant number or proportion of
the workers’ at each of the aforementioned worker groups have not
become totally or partially separated,
nor threatened to become totally or
partially separated.
29 CFR 90.2 states that a significant
number or proportion of the workers
means at least three (3) workers in a
firm (or appropriate subdivision thereof)
with a workforce of fewer than 50
workers, or five (5) percent of the
workers or 50 workers, whichever is
less, in a workforce of 50 or more
workers.
Conclusion
After reconsideration, I affirm the
original notice of negative
determination of eligibility to apply for
worker adjustment assistance for
workers and former workers of Quad
Graphics, Inc., Pewaukee, Wisconsin
(TA–W–73,441C); Quad Graphics, Inc.,
Lomira, Wisconsin (TA–W–73,441D);
and Quad Graphics, Inc., Hartford,
Wisconsin (TA–W–73,441E). Further,
after careful review of the additional
facts obtained on reconsideration, I
determine that workers and former
workers of Quad Graphics, Inc., Sussex,
Wisconsin; Quad Tech, Inc., Sussex,
Wisconsin; Quad Graphics, Inc., West
Allis, Wisconsin; World Color Mt.
Morris II, LLC, Mt. Morris, Illinois; and

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Quad Graphics, Inc., Depew, New York,
meet the worker group certification
criteria under Section 222(a) of the Act,
19 U.S.C. 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. 2273,
I make the following certification:
All workers of Quad Graphics, Inc.,
including leased workers from Staff
Management, Inc., Sussex, Wisconsin (TA–
W–73,441); Quad Tech, Inc., including leased
workers from FIRSTECH, Eagle Technology
Group, Inc., and RCM Technologies, Sussex,
Wisconsin (TA–W–73,441A); Quad Graphics,
Inc., including leased workers from Staff
Management, Inc., West Allis, Wisconsin
(TA–W–73,441B); World Color Mt. Morris II,
LLC, a subsidiary of Quad Graphics, Inc., Mt.
Morris, Illinois (TA–W–73,441F); and Quad
Graphics, Inc., including leased workers from
SPS Temporaries, Depew, New York (TA–W–
73,441G), who became totally or partially
separated from employment on or after
February 2, 2009, through two years from the
date of this revised certification, and all
workers in the group threatened with total or
partial separation from employment on date
of certification through two years from the
date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.
Signed in Washington, DC, this 27th day of
September 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–25714 Filed 10–4–11; 8:45 am]
BILLING CODE 4510–FN–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0185]

Vehicle-Mounted Elevating and
Rotating Work Platforms (Aerial Lifts);
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 requirement
contained in the Standard on VehicleMounted Elevating and Rotating Work
Platforms (Aerial Lifts) (29 CFR
1910.67). The purpose of the
requirement is to reduce workers’ risk of
death or serious injury by ensuring that
aerial lifts are in safe operating
condition.
DATES: Comments must be submitted
(postmarked, sent, or received) by
December 5, 2011.
SUMMARY:

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Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices
ADDRESSES:

I. Background

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–2011–0185, 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–2011–0185) for
the Information Collection Request
(ICR). 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 Theda Kenney at
the address below to obtain a copy of
the ICR.

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 OSH
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).
Manufacturer’s Certification of
Modifications (§ 1910.67(b)(2)). The
Standard requires that when aerial lifts
are ‘‘field modified’’ for uses other than
those intended by the manufacturer, the
manufacturer or other equivalent entity,
such as a nationally recognized testing
laboratory, must certify in writing that
the modification is in conformity with
all applicable provisions of ANSI
A92.2–1969 and the OSHA standard
and that the modified aerial lift is at
least as safe as the equipment was
before modification. Employers are to
maintain the certification record and
make it available to OSHA compliance
officers. This record provides assurance
to employers, workers, and compliance
officers that the modified aerial lift is
safe for use, thereby, preventing failure
while workers are being elevated. The
certification record also provides the
most efficient means for the compliance
officers to determine that an employer is
complying with the Standard.
II. Special Issues for Comment

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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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;

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• 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 requirement contained in the
Standard on Vehicle-Mounted Elevating
and Rotating Work Platforms (Aerial
Lifts) (29 CFR 1910.67). The Agency
wishes to retain its current estimate of
21 burden hours. 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: Vehicle-Mounted Elevating and
Rotating Work Platforms (Aerial Lifts)
(29 CFR 1910.67).
OMB Control Number: 1218–0230.
Affected Public: Business or other forprofits; not-for-profit organizations;
Federal Government; State, Local, or
Tribal Government.
Number of Respondents: 1,000.
Total Responses: 1,014
Frequency: On occasion.
Average Time Per Response: Ranges
from 1 minute (.02 hour) to maintain the
manufacturer’s certification record to 2
minutes (.03 hour) to disclose the record
to an OSHA Compliance Officer.
Estimated Total Burden Hours: 21.
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–2011–0185).
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

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Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices

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 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 (75 FR 55355).
Signed at Washington, DC, on September
30, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2011–25665 Filed 10–4–11; 8:45 am]

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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0194]

Cotton Dust 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 the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Cotton Dust Standard
(29 CFR 1910.1043).
DATES: Comments must be submitted
(postmarked, sent, or received) by
December 5, 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, OSHA
Docket No. OSHA–2011–0194, 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–2011–0194) for
the Information Collection Request
(ICR). 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.
SUMMARY:

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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 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–3468, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–2222.
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 OSH
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).
The information collection
requirements specified in the Cotton
Dust Standard protect workers from the
adverse health effects that may result
from their exposure to cotton dust. The
major information collection
requirements of the Cotton Dust
Standard include: performing exposure
monitoring, including initial, periodic,

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