60 Day FR-Notice

60-Day FR Notice 01317(07-30-14).pdf

Excavations (Design of Cave-in Protection Systems) (29 CFR part 1926, subpart P)

60 Day FR-Notice

OMB: 1218-0137

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 79, No. 146 / Wednesday, July 30, 2014 / Notices
(these are not toll-free numbers) or
sending an email to DOL_PRA_
[email protected].
Authority: 44 U.S.C. 3507(a)(1)(D).

This ICR
seeks approval under the PRA for a
revision to the Nondiscrimination
Compliance Information Reporting
Under the Workforce Investment Act of
1998 (WIA) information collection that
provides data used to help ensure a
recipient of DOL Federal financial
assistance does not discriminate in the
administration, management, or
operation of programs and activities.
Information collections covered by this
ICR include (1) a grant applicant
providing assurance that the applicant
is aware of and, as a condition of receipt
of Federal financial assistance, agrees to
comply with the assurance
requirements; (2) a DOL funds recipient
maintaining a record of equal
opportunity (EO) characteristics data
and a log of any EO complaints for
activities under a DOL funded WIA
program; (3) a person who believes a
relevant EO requirement may have been
violated filing a complaint with either
the funds recipient or with the DOL,
Civil Rights Center; (4) a State
periodically filing a plan outlining
administrative methods the State will
use to ensure WIA funds are not used
in a discriminatory manner; and (5) a
DOL funds recipient posting required
notices. This information collection has
been classified as a revision, because the
DOL wants to make a minor change to
the Complaint Information Form (Form
DL–1–2014A) to clarify the information
requested. WIA section 185 authorizes
this information collection. See 29
U.S.C. 2935.
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 1225–0077. The current
approval is scheduled to expire on July
31, 2014; however, the DOL notes that
existing information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review. New

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SUPPLEMENTARY INFORMATION:

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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 April 17, 2014 (79
FR 21809).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section by September 2, 2014. In order
to help ensure appropriate
consideration, comments should
mention OMB Control Number 1225–
0077. 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–OASAM.
Title of Collection: Nondiscrimination
Compliance Information Reporting
Under the Workforce Investment Act of
1998.
OMB Control Number: 1225–0077.
Affected Public: State, Local, and
Tribal Governments; Private Sector—
businesses or other for-profits and notfor-profit institutions; and Individuals
or Households.
Total Estimated Number of
Respondents: 2,911.
Total Estimated Number of
Responses: 32,046,366.
Total Estimated Annual Time Burden:
180,458 hours.
Total Estimated Annual Other Costs
Burden: $0.
Dated: July 23, 2014.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2014–17862 Filed 7–29–14; 8:45 am]
BILLING CODE 4510–23–P

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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0057]

Excavations (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 comments.
AGENCY:

OSHA solicits public
comments concerning its proposal to
extend OMB approval of the
information collection requirements
contained in the Standard on
Excavations (Design of Cave-in
Protection Systems) (29 CFR part 1926,
subpart P).
DATES: Comments must be submitted
(postmarked, sent, or received) by
September 29, 2014.
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–2011–0057, 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–2011–0057) 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
SUMMARY:

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Federal Register / Vol. 79, No. 146 / Wednesday, July 30, 2014 / Notices

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 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.
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 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

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allowable configurations 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 3), or to
use a design approved by a registered
professional engineer (Option 4).
Under Option 3, 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
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.
Paragraph (c)(2)(iii) allows employers
to use manufacturer’s tabulated data or
to deviate from the data provided. The
manufacturer’s specification,
recommendations and limitations as
well as the manufacturer’s approval to
deviate from these items shall be in
writing. Paragraphs (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 including a registered
professional engineer and approved by
a registered professional engineer
(Option 4).
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 completed, 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 workers of
maximum protection against cave-ins.

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.

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

IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions

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III. Proposed Actions
The Agency is requesting that OMB
extend its approval of the information
collection requirements contained in the
Standard on Excavations (Design of
Cave-in Protection Systems). An
increase in the number of construction
starts from 706,000 starts to 761,873
contracted for projects/sites has resulted
in an adjustment increase in burden
hours from 11,813 to 14,266, a total
increase of 2,453 burden hours.
OSHA reduced the number of
apartment and non-residential
construction sites that would use
outside contractor engineering services
for the required protective system
design approval from 5,900 to 2,038.
While there was an increase in the
hourly wage for a civil engineer from
$49.04 to $53.17, there is an overall
adjustment decrease of ¥$359,687 from
$578,672 to $218,985.
The Agency will summarize any
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 a
currently approved collection.
Title: Excavations (Design of Cave-in
Protection Systems) (29 CFR part 1926,
subpart P).
OMB Control Number: 1218–0137.
Affected Public: Business or other forprofits.
Number of Respondents: 8,152.
Number of Responses: 24,453.
Frequency of Responses: On occasion.
Average Time per Response: Two
hours to obtain information on the
design of cave-in protection systems.
Estimated Total Burden Hours: 14,266
hours.
Estimated Cost (Operation and
Maintenance): $218,895.

You may submit comments in
response to this document as follows:
(1) Electronically at http://

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Federal Register / Vol. 79, No. 146 / Wednesday, July 30, 2014 / Notices
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 (Docket
No. OSHA–2011–0057) for the ICR. 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
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 from 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 from the Web site and for
assistance in using the Internet to locate
docket submissions.

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V. Authority and Signature
David Michaels, Ph.D., 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).

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Signed at Washington, DC, on July 25,
2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2014–17958 Filed 7–29–14; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA✖2009–0025]

Underwriters Laboratories Inc.:
Application for Expansion of
Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:

In this notice, OSHA
announces the application of
Underwriters Laboratories Inc. for
expansion of its recognition as a
Nationally Recognized Testing
Laboratory (NRTL) and presents the
Agency’s preliminary finding to grant
the application.
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
August 14, 2014.
ADDRESSES: Submit comments by any of
the following methods:
1. 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.
2. Facsimile: If submissions,
including attachments, are not longer
than 10 pages, commenters may fax
them to the OSHA Docket Office at (202)
693–1648.
3. Regular or express mail, hand
delivery, or messenger (courier) service:
Submit comments, requests, and any
attachments to the OSHA Docket Office,
Docket No. OSHA–2009–0025,
Technical Data Center, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–2625, Washington, DC 20210;
telephone: (202) 693–2350 (TTY
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 mail, 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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4. Instructions: All submissions must
include the Agency name and the OSHA
docket number (OSHA–2009–0025).
OSHA places comments and other
materials, including any personal
information, in the public docket
without revision, and these materials
will be available online at http://
www.regulations.gov. Therefore, the
Agency cautions commenters about
submitting statements they do not want
made available to the public, or
submitting comments that contain
personal information (either about
themselves or others) such as Social
Security numbers, birth dates, and
medical data.
5. 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.
6. Extension of comment period:
Submit requests for an extension of the
comment period on or before August 14,
2014 to the Office of Technical
Programs and Coordination Activities,
Directorate of Technical Support and
Emergency Management, Occupational
Safety and Health Administration, U.S.
Department of Labor, 200 Constitution
Avenue NW., Room N–3655,
Washington, DC 20210, or by fax to
(202) 693–1644.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. 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; email:
[email protected].
General and technical information:
Contact Mr. David W. Johnson, Director,
Office of Technical Programs and
Coordination Activities, Directorate of
Technical Support and Emergency
Management, Occupational Safety and
Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–3655, Washington, DC 20210;
phone: (202) 693–2110 or email:
[email protected].
SUPPLEMENTARY INFORMATION:

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