Sixty Day Federal Register Notice

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Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Notices

number) or by email at DOL_PRA_
[email protected].
Authority: 44 U.S.C. 3507(a)(1)(D).

Employee
Retirement Income Security Act (ERISA)
section 701(f)(3)(B)(i)(I), Public Health
Service Act section 2701(f)(3)(B)(i)(I),
and Internal Revenue Code section
9801(f)(3)(B)(i)(I) require an employer
maintaining a group health plan in a
State that provides medical assistance
under a State Medicaid plan under
Social Security Act (SSA) title XIX or
child health assistance under a State
child health plan under SSA title XXI in
the form of premium assistance for the
purchase of coverage under a group
health plan to make certain disclosures.
Specifically, the employer is required to
notify each employee of potential
opportunities currently available in the
State in which the employee resides for
premium assistance under Medicaid
and Children’s Health Insurance
Program (CHIP) for health coverage of
the employee or the employee’s
dependents. ERISA section
701(f)(3)(B)(i)(II) requires the DOL to
provide employers with model language
for the CHIP notice. The model includes
information on how an employee may
contact the State in which the employee
resides for additional information
regarding potential opportunities for
premium assistance, including how to
apply for such assistance.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6. The DOL
obtains OMB approval for this
information collection under Control
Number 1210–0137.
OMB authorization for an ICR cannot
be for more than three (3) years without
renewal, and the current approval for
this collection is scheduled to expire on
September 30, 2013. The DOL seeks to
extend PRA authorization for this
information collection for three (3) more
years, without any change to existing
requirements. It should also be noted
that existing information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review. For
additional substantive information

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SUPPLEMENTARY INFORMATION:

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about this ICR, see the related notice
published in the Federal Register on
May 22, 2013 (78 FR 30333).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within 30 days of publication of
this notice in the Federal Register. In
order to help ensure appropriate
consideration, comments should
mention OMB Control Number 1210–
0137. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–EBSA.
Title of Collection: Employer
Children’s Health Insurance Program
Notice.
OMB Control Number: 1210–0137.
Affected Public: Private Sector—
businesses or other for-profits.
Total Estimated Number of
Respondents: 6,037,000.
Total Estimated Number of
Responses: 176,570,000.
Total Estimated Annual Burden
Hours: 912,000.
Total Estimated Annual Other Costs
Burden: $21,895,000.
Dated: September 24, 2013.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2013–23945 Filed 10–1–13; 8:45 am]
BILLING CODE 4510–29–P

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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0007]

Regulation on Definition and
Requirements for a Nationally
Recognized Testing Laboratory;
Revision 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 comments.
AGENCY:

OSHA requests comments
concerning its proposed revision and
extension of the information collection
requirements specified by its Regulation
at 29 CFR 1910.7, ‘‘definition and
requirements for a nationally recognized
testing laboratory’’ (The Regulation).
The Regulation specifies procedures
that organizations must follow to apply
for, and to maintain, OSHA’s
recognition to test and certify
equipment, products, or material for
safe use in the workplace.
DATES: Submit comments, information,
and documents in response to this
notice, or requests for an extension of
time to make a submission, on or before
December 2, 2013.
ADDRESSES: Submit comments by any of
the following methods:
Electronically: Submit comments and
attachments electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for making
electronic submissions.
Facsimile: If submissions, including
attachments, are not longer than 10
pages, commenters may fax them to the
OSHA Docket Office at (202) 693–1648.
Regular or express mail, hand
delivery, or messenger (courier) service:
Submit a copy of comments and any
attachments to the OSHA Docket Office,
Docket No. OSHA–2010–0007,
Technical Data Center, Room N–2625,
OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210; telephone: (202) 693–2350
(TDY number: (877) 889–5627). Note
that security procedures may result in
significant delays in receiving
comments and other written materials
by regular mail. Contact the OSHA
Docket Office for information about
security procedures concerning delivery
of materials by express delivery, hand
delivery, or messenger service. The
hours of operation for the OSHA Docket
Office are 8:15 a.m.–4:45 p.m., e.t.
SUMMARY:

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Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Notices
Instructions: All submissions must
include the Agency name and the OSHA
docket number for the Information
Collection Request (ICR) (OSHA Docket
No. 2010–0007). OSHA will place all
submissions, including any personal
information provided, in the public
docket without revision, and these
submissions will be available online at
http://www.regulations.gov.
Docket: To read or download
submissions 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 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.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
FOR FURTHER INFORMATION CONTACT:

Theda Kenney ([email protected])
or Todd Owen ([email protected]),
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Room N–
3609, Washington, DC 20210; telephone
(202) 693–2222.
SUPPLEMENTARY INFORMATION:

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I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent burden, conducts a
preclearance consultation program to
provide the public with an opportunity
to comment on 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
from 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 OSHA to obtain such
information with minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible

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unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
A number of standards issued by
OSHA contain requirements that specify
employers use only equipment,
products, or material tested or approved
by a nationally recognized testing
laboratory (NRTL). These requirements
ensure that employers use safe and
efficacious equipment, products, or
materials in complying with the
standards. Accordingly, OSHA
promulgated the regulation 29 CFR
1910.7, ‘‘definition and requirements for
a nationally recognized testing
laboratory’’ (the Regulation). The
Regulation specifies procedures that
organizations must follow to apply for,
and to maintain, OSHA’s recognition to
test and certify equipment, products, or
material for this purpose.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
1. Whether the proposed information
collection requirements are necessary
for the proper performance of the
Agency’s functions including whether is
useful;
2. 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;
3. The quality, utility, and clarity of
the information collected; and
4. Ways to minimize the burden on
organizations who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
OSHA proposes to revise and extend
the Office of Management and Budget’s
(OMB) approval of the collection of
information requirements specified by
the Regulation on the Definition and
Requirements of a Nationally
Recognized Testing Laboratory. In
addition to extending its current
approval by OMB, the Agency proposes
to include optional standardized forms
to facilitate and simplify the
information collection process as part of
its information collection process. The
optional forms correspond to the
application, expansion, and renewal
processes defined in the NRTL Program.
Where practicable, the forms will
provide for automations such as drop
down lists to increase ease of use and
reduce the information collection
burden. The Agency expects the use of
the optional standardized forms to
marginally reduce the burden hours
associated with these information
collection requirements. The Agency

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60899

will summarize the comments
submitted in response to this notice,
and will include this summary in its
request to OMB to extend and revise the
approval of these information collection
requirements.
Type of Review: Revision of a
currently approved collection.
Title: Definition and Requirements of
a Nationally Recognized Testing
Laboratory (29 CFR 1910.7).
OMB Control Number: 1218–0147.
Affected Public: Business or other forprofit.
Number of Respondents: 68.
Frequency of Recordkeeping: On
occasion.
Total Responses: 68.
Average Time per Response: 160
hours for an organization to prepare
initial recognition applications to 16
hours for an annual site visit.
Estimated Total Burden Hours: 1,458.
Estimated Cost (Operation and
Maintain): $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 in the Federal
eRulemaking Portal at http://
www.regulations.gov under Docket
Number OSHA–2010–0007; (2) by
facsimile (fax); or (3) by hard copy. For
further information on submitting
comments by facsimile or in hard copy,
please see the section of this notice
entitled ADDRESSES above. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2010–0007).
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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Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Notices

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
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, 200
Constitution Avenue NW., Washington,
DC 20210, authorized the preparation of
this notice. Accordingly, the Agency is
issuing this notice pursuant to Section
8(g)(2) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 657(g)(2)),
Secretary of Labor’s Order No. 1–2012
(77 FR 3912, Jan. 25, 2012), and 29 CFR
1910.7. Signed at Washington, DC, on
September 26, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2013–23946 Filed 10–1–13; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration

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[Docket No. OSHA–2012–0015]

Kiewit Power Constructors Co. et al.
(Avalotis Corp., Bowen Engineering
Corporation, Commonwealth
Dynamics, Inc., Gibraltar Chimney
International, LLC, Hamon Custodis,
Inc., Hoffmann, Inc., International
Chimney Corporation, Karrena
International Chimney, Matrix SME,
Inc., NAES Power Contractors,
Pullman Power, LLC, R and P
Industrial Chimney Co., Inc., T. E.
Ibberson Company, TIC—The
Industrial Company); Grant of a
Permanent Variance
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of grant of a permanent
variance.
AGENCY:

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This notice announces the
grant of a permanent variance to
Avalotis Corp., Bowen Engineering
Corporation, Commonwealth Dynamics,
Inc., Gibraltar Chimney International,
LLC, Hamon Custodis, Inc., Hoffmann,
Inc., International Chimney
Corporation, Karrena International
Chimney, Kiewit Power Constructors
Co., Matrix SME, Inc., NAES Power
Contractors, Pullman Power, LLC, R and
P Industrial Chimney Co., Inc., T. E.
Ibberson Company, TIC—The Industrial
Company (‘‘the employers’’). From 1973
to the present, the Occupational Safety
and Health Administration (OSHA or
the Agency) granted permanent
variances to a number of chimneyconstruction companies from the
provisions of the OSHA standards that
regulate boatswain’s chairs and hoist
towers, specifically paragraph (o)(3) of
29 CFR 1926.452 and paragraphs (c)(1)
through (c)(4), (c)(8), (c)(13), (c)(14)(i),
and (c)(16) of 29 CFR 1926.552. These
variances use temporary personnel hoist
systems to transport workers to and
from worksites in a personnel cage
while constructing chimneys of various
configurations using jump-form
construction techniques and
procedures. The Agency received
applications from 15 employers for a
variance addressing chimney and
chimney-related construction that, like
the previous variances, propose to use
temporary personnel hoist systems to
transport workers to and from worksites
in a personnel cage. These variance
applications, however, included
conditions that address construction of
chimneys and chimney-related
structures using temporary hoist
systems and procedures in association
with two different methods of
construction (i.e., jump-form and slipform construction), regardless of the
structures’ configurations (i.e., tapered
or straight-barreled of any diameter).
OSHA consolidated these variance
applications into a single application
and published the application and
request for comments in the Federal
Register on March 21, 2013 (78 FR
17432).
After considering the record as a
whole, OSHA finds that these
alternative conditions protect workers at
least as well as the requirements
specified by 29 CFR 1926.452(o)(3) and
29 CFR 1926.552(c)(1) through (c)(4),
(c)(8), (c)(13), (c)(14)(i), and (c)(16). This
permanent variance applies in Federal
OSHA enforcement jurisdictions and in
those states and territories with OSHAapproved State-Plans covering privatesector employers that have identical

SUMMARY:

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standards and agree to the terms of the
variance.
DATES: The permanent variance is
effective on October 2, 2013.
FOR FURTHER INFORMATION CONTACT:
General information and press
inquiries. For general information and
press inquiries about this notice, contact
Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room N–3647, Washington, DC 20210;
telephone: (202) 693–1999.
Technical information. For technical
information about this notice, contact
Stefan Weisz, Office of Technical
Programs and Coordination Activities,
OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Room N–
3655, Washington, DC 20210; telephone:
(202) 693–2110; fax: (202) 693–1644.
Copies of this Federal Register notice.
Electronic copies of this Federal
Register notice are available at http://
www.regulations.gov. This Federal
Register notice, as well as news releases
and other relevant information, also are
available at OSHA’s Web page at
http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Fifteen companies (or applicants)
submitted applications for a permanent
variance under Section 6(d) of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 655) and 29 CFR
1905.11 (‘‘Variances and other relief
under section 6(d)’’) (see Document ID
Nos. OSHA–2012–0015–0002 to
–0019 1). The applicants construct,
renovate, repair, maintain, inspect, and
demolish tall chimneys and similar
structures made of concrete, brick, and
steel. This work, which occurs
throughout the United States, requires
the applicants to transport employees
and construction tools and materials to
and from elevated worksites located
inside and outside these structures. The
following list provides specific
information about each applicant,
including the company name and
location:
Avalotis Corp; 400 Jones Street, Verona,
PA 15147
Bowen Engineering Corporation
(merged with Mid-Atlantic Boiler &
Chimney, Inc., (formerly Alberici
Mid-Atlantic, LLC)), 8802 N. Meridian
St.Indianapolis, IN 46260
Commonwealth Dynamics, Inc., 95
Court Street, Portsmouth, NH 03801,
Gibraltar Chimney International, LLC,
92 Cooper Ave. Tonawanda, NY
14150
1 In Docket No. OSHA–2012–0015 for this
variance application.

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