60 Day Federal Register Notice October 30, 2013

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Federal Register / Vol. 78, No. 210 / Wednesday, October 30, 2013 / Notices

Employers’ Attestation to Use Alien
Crewmembers for Longshore Activities
in U.S. Ports, Form ETA–9033,
(currently approved under Control
Number 1205–0309) and the Employers’
Attestation to Use Alien Crewmembers
for Longshore Activities in the State of
Alaska, Form ETA–9033A (currently
approved under Control Number 1205–
0352). The information collection is
required by Immigration and Nationality
Act section 258 (8 U.S.C. 1288) and
regulations 20 CFR 655 subpart F. The
ETA collects the attestations from
shipping companies seeking to use
foreign crewmembers for longshore
work when no U.S. workers are
available.
This ICR has been classified as a
revision, because the DOL is merging
two Control Numbers, which will
simplify the process for both the
stakeholder community interested in
these collections and the Federal staff
reviewing and enforcing the attestations.
Control Number 1205–0352 will survive
after the merger. The DOL is also
proposing changes to the layout of the
forms for ease of review and
completion. Finally, the DOL proposes
to add a few new collection fields that
will more accurately capture employer
and job-related information. The update
of the forms will, for example, reflect
current communications methods by
requesting email addresses rather than
fax numbers.
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
Numbers 1205–0309 and 1205–0352.
The current approval for Control
Number 1205–0309 is scheduled to
expire on October 31, 2013, and Control
Number 1205–0352 expires October 31,
2014. It should be noted that existing
information collection requirements
submitted to the OMB receive a monthto-month extension while they undergo
review. New requirements would only
take effect upon OMB approval. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
August 8, 2013 (78 FR 48463).

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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 1205–
0309. 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–ETA.
Title of Collection: Attestations by
Employers Using Alien Crewmembers
for Longshore Activities in U.S. Ports.
OMB Control Numbers: 1205–0309
and 1205–0352.
Affected Public: Private Sector—
businesses or other for profits.
Total Estimated Number of
Respondents: 7.
Total Estimated Number of
Responses: 7.
Total Estimated Annual Burden
Hours: 8.
Total Estimated Annual Other Costs
Burden: $0.
Dated: October 24, 2013.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2013–25686 Filed 10–29–13; 8:45 am]
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2009–0045]

Aerial Lifts 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 requirement
contained in the Aerial Lifts Standard in
Construction (29 CFR 1926.453).
Employers who modify an aerial lift for
uses other than those provided by the
manufacturer must obtain a certificate
from the manufacturer or equivalent
entity certifying that the modification is
in conformance with applicable
American National Standards Institute
(ANSI) standards and that this Standard,
and the equipment is as safe as it was
prior to the modification.
DATES: Comments must be submitted
(postmarked, sent, or received) by
December 30, 2013.
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–2009–0045, 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 the OSHA
docket number (OSHA–2009–0045) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the public docket without
SUMMARY:

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Federal Register / Vol. 78, No. 210 / Wednesday, October 30, 2013 / Notices
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 from 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:

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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 accord 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 OSHA to 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 certification requirement
specified in the Aerial Lifts Standard

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demonstrates that the manufacturer or
an equally-qualified entity has assessed
a modified aerial lift and found that it
was safe for use by, or near, workers,
and that it would provide workers with
a level of protection at least equivalent
to the protection afforded by the lift
prior to modification. OSHA is
requesting an adjustment increase in
burden hour of 7 hours, resulting from
an increase in the number of field
modified lifts from 1,025 to 1,953; and
an increase in the percentage of
construction employers likely to be
inspected from 6% to 6.6%.
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
Type of Review: Extension of a
currently approved collection.
Title: Aerial Lifts Standard in
Construction (29 CFR 1926.453) .
OMB Control Number: 1218–0216.
Affected Public: Business or other forprofits.
Number of Respondents: 128.
Frequency of Responses: On occasion.
Total Responses: 128.
Average Time per Response: 6
minutes (.10 hour)
Estimated Total Burden Hours: 13.
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–2009–0045).
You may supplement electronic
submissions by uploading document

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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 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. 1–2012 (77 FR 3912).
Signed at Washington, DC, on October 25,
2013.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2013–25712 Filed 10–29–13; 8:45 am]
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