60 Day Federal Register Notice

60 Day FRN (Aerial Lifts).pdf

Aerial Lifts Standard (29 CFR 1926.453)

60 Day Federal Register Notice

OMB: 1218-0216

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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices

www.regulations.gov Web site to
submitcomments 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.
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).
Signed at Washington, DC, on September
26, 2016.
David Michaels,
Assistant Secretary of Labor, for Occupational
Safety and Health.
[FR Doc. 2016–23552 Filed 9–28–16; 8:45 am]
BILLING CODE 4510–26–P

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.
The only information collection
requirement in the Aerial Lifts Standard
is a certification provision, paragraph
(a)(2). This provision requires an
employer who modifies an aerial lift for
a use not intended by the lift
manufacturer (‘‘field modified aerial
lift’’) to obtain from that manufacturer,
or an equivalent entity (such as a
nationally-recognized laboratory), a
written certificate stating that: The
modification conforms to the applicable
provisions of ANSI A92.2–1969 and
OSHA’s Aerial Lifts Standard; and the
modified aerial lift is at least as safe as
it was before modification.
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

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SUMMARY:

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applicable American National Standards
Institute (ANSI) standards and OSHA’s
Aerial Lifts Standard, and that the
equipment is as safe as it was prior to
the modification.
DATES: Comments must be submitted
(postmarked, sent, or received) by
November 28, 2016.
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,
Occupational Safety and Health
Administration, U.S. Department of
Labor, 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
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.

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FOR FURTHER INFORMATION CONTACT:

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:
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 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
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.
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

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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
There is an adjustment decrease of 13
hours as a result of removing the burden
hours for an employer to disclose
records to an OSHA compliance officer
during an inspection, bringing the total
burden hours to zero (0). However,
while no responses have in fact been
received, DOL is using the figure of
‘‘10’’ responses in order to have the ICR
comport to regulation 5 CFR
1320.3(c)(4)(i), which deems any rule of
general applicability to involve at least
10 respondents. The Agency is,
therefore, using the above per response
burden to maintain a time burden as
close as is possible to the actual time of
no hours (1 hour).
Type of Review: Extension of a
currently approved collection.
Title: Aerial Lifts (29 CFR 1926.453).
OMB Control Number: 1218–0216.
Affected Public: Business or other forprofits.
Number of Respondents: 10.
Frequency of Responses: On occasion.
Total Responses: 10.
Average Time per Response: 6
minutes (0.10 hour).
Estimated Total Burden Hours: 1.
Estimated Cost (Operation and
Maintenance): $0.

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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
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

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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 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 from
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,
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 September
26, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2016–23581 Filed 9–28–16; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2013–0016]

Nemko North America, Inc.: Grant of
Expansion of Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:

In this notice, OSHA
announces its final decision to expand
the scope of recognition for Nemko
North America, Inc., as a Nationally
Recognized Testing Laboratory (NRTL).
DATES: The expansion of the scope of
recognition becomes effective on
September 29, 2016.
SUMMARY:

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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. Kevin Robinson, 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;
telephone: (202) 693–2110; email:
[email protected]. OSHA’s Web
page includes information about the
NRTL Program (see http://
www.osha.gov/dts/otpca/nrtl/
index.html).
SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision
OSHA hereby gives notice of the
expansion of the scope of recognition of
Nemko North America, Inc. (NNA), as
an NRTL. NNA’s expansion covers the
addition of one test standard to its scope
of recognition.
OSHA recognition of an NRTL
signifies that the organization meets the
requirements specified by 29 CFR
1910.7. Recognition is an
acknowledgment that the organization
can perform independent safety testing
and certification of the specific products
covered within its scope of recognition
and is not a delegation or grant of
government authority. As a result of
recognition, employers may use
products properly approved by the
NRTL to meet OSHA standards that
require testing and certification of the
products.
The Agency processes applications by
an NRTL for initial recognition, or for
expansion or renewal of this
recognition, following requirements in
Appendix A to 29 CFR 1910.7. This
appendix requires that the Agency
publish two notices in the Federal
Register in processing an application. In
the first notice, OSHA announces the
application and provides its preliminary
finding and, in the second notice, the
Agency provides its final decision on
the application. These notices set forth
the NRTL’s scope of recognition or
modifications of that scope. OSHA
maintains an informational Web page
for each NRTL that details its scope of
recognition. These pages are available
from the Agency’s Web site at http://

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