60 Day FR-Notice 82 18930

jstallworth on DSK7TPTVN1PROD with NOTICES

18930

Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

conducts a pre-clearance consultation
program to provide the general public
and Federal agencies an opportunity to
comment on proposed and/or
continuing collections of information
before submitting them to the OMB for
final approval. This program helps to
ensure requested data can be provided
in the desired format, reporting burden
(time and financial resources) is
minimized, collection instruments are
clearly understood, and the impact of
collection requirements can be properly
assessed.
The Secretary of Labor is required by
the Immigration and Nationality Act
(INA) to certify that any alien seeking to
enter the United States for the purpose
of performing skilled or unskilled labor
will not adversely affect wages and
working conditions of U.S. workers
similarly employed, and that there are
not sufficient U.S. workers able, willing,
and qualified to perform such skilled or
unskilled labor. Many foreign
professional athletes must qualify as
skilled labor to gain permanent
admission to the United States. Section
212(a)(5)(A)(iii) of the INA deals
specifically with professional athletes
coming to the United States on a
permanent basis as immigrants.
Part A of Form ETA–750 is used to
collect information that, when
appropriate, permits DOL to certify that
the admission of a foreign professional
athlete meets the requirements of
Section 212(a)(5)(A) of the INA. Part B
of Form ETA–750 provides detailed
information about a foreign national’s
education and work history, and is used
by DOL to collect information about the
professional athlete on whose behalf an
application for permanent labor
certification is filed. The Department of
Homeland Security also uses Part B
under 8 CFR 204.5(k)(4)(ii), for aliens
without an employer sponsor who are
applying for a National Interest Waiver
(NIW) of the job offer requirement under
INA Section 203(b)(2)(B)(i), which
allows aliens to self-petition and, where
appropriate, to enter without a labor
certification. Sections 203(b)(2)(B)(i)
and 212(a)(5)(A)) of the INA (8 U.S.C.
1153(b)(2)(B)(i) and § 1182(a)(5)(A)) and
8 CFR 204.5(k)(4)(ii) authorizes this
information collection.
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 the OMB
under the PRA approves it and the
information collection displays a
currently valid OMB Control Number.
In addition, notwithstanding any other
provisions of law, no person shall

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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.
Interested parties are encouraged to
provide comments to the contact shown
in the ADDRESSES section. Comments
must be written to receive
consideration, and they will be
summarized and included in the request
for OMB approval of the final ICR. In
order to help ensure appropriate
consideration, comments should
mention ETA, OMB Control Number
1205–0015.
Submitted comments will also be a
matter of public record for this ICR, and
posted on the Internet without
redaction. The DOL encourages
commenters not to include personally
identifiable information, confidential
business data, or other sensitive
statements/information in any
comments.
The DOL 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.
Type of Review: Extension without
change.
Title of Collection: Application for
Alien Employment Certification.
Form: Form ETA–750, Parts A and B.
OMB Control Number: 1205–0015.
Affected Public: Individuals,
businesses or other for-profit entities,
and not-for-profit entities.
Estimated Number of Respondents:
6695.
Frequency: On occasion.
Total Estimated Annual Responses:
6695.
Estimated Average Time per
Response: 1 hour 49 minutes.
Estimated Total Annual Burden
Hours: 12,103 hours.

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Total Estimated Annual Other Cost
Burden: $974,170.47.
Byron Zuidema,
Acting Assistant Secretary for Employment
and Training, Labor.
[FR Doc. 2017–08245 Filed 4–21–17; 8:45 am]
BILLING CODE 4510–FP–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0039]

Portable Fire Extinguishers (Annual
Maintenance Certification Record);
Extension of the Office of Management
and Budget’s (OMB) Approval of the
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 requirement
contained in the Portable Fire
Extinguishers Standard (Annual
Maintenance Certification Record).
DATES: Comments must be submitted
(postmarked, sent or received) by June
23, 2017.
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, Docket No.
OSHA–2010–0039, Occupational Safety
and Health Administration, U.S.
Department of Labor, Room N–3653,
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, 10 a.m.
to 3:00 p.m., e.t.
Instructions: All submissions must
include the Agency name and the OSHA
docket number for the Information
Collection Request (ICR) (OSHA–2010–
SUMMARY:

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Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices
0039). 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 materials in the
docket, go to http://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 publically 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 contact Theda Kenney at the
address below to obtain a copy of the
ICR.
FOR FURTHER INFORMATION CONTACT:

Todd Owen or Theda Kenney,
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:

jstallworth on DSK7TPTVN1PROD with NOTICES

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)
(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

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unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
Paragraph (e)(3) of the Standard
specifies that employers must subject
each portable fire extinguisher to an
annual maintenance inspection and
record the date of the inspection. In
addition, this provision requires
employers to retain the inspection
record for one year after the last entry
or for the life of the shell, whichever is
less, and to make the record available to
OSHA on request. This recordkeeping
requirement assures workers and
Agency compliance officers that
portable fire extinguishers located in the
workplace will operate normally in case
of fire; in addition, this requirement
provides evidence to OSHA compliance
officers during an inspection that the
employer performed the required
maintenance checks on the portable fire
extinguishers.
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
OSHA is requesting that OMB extend
its approval of the information
collection requirements contained in the
Portable Fire Extinguishers Standard
(Annual Maintenance Certification
Record) (29 CFR 1910.157(e)(3)). OSHA
is requesting an adjustment increase of
4,489,161 responses (from 1,380,750 to
5,869,911), and an increase of 224,458
burden hours (from 69,038 to 293,496
burden hours). The increased estimate
for the number of responses stems from
a reconsideration of how this figure
should be calculated. Prior estimates
fully accounted for all time and cost
burden but only counted responses
imposing a time burden as a response
for reginfo.gov database purposes.
Employers who contract for an
inspection also are making a response
under the PRA, and this ICR adjusts the
analysis. This ICR’s adjustment increase
is also a result of the number of portable

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18931

fire extinguishers increasing from
1,380,750 to 5,869,911 (see explanation
under Item 12). In addition, there is an
increase in the cost under Item 13 from
$8,583,559 to $9,538,604 (an increase of
$955,045). This cost increase is the
result of updated data indicating a
decrease in the number of
establishments; thus, the Agency
estimates an increase in the number of
portable fire extinguishers inspected by
outside contractors. 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: Portable Fire Extinguishers
(Annual Maintenance Certification
Record (29 CFR 1910.157(e)(3)).
OMB Control Number: 1218–0238.
Affected Public: Business or other forprofits.
Number of Responses: 5,869,911.
Frequency of Responses: On occasion.
Average Time per Response:
Approximately 30 minutes (.50 hour) to
perform and record the required
maintenance inspection.
Estimated Total Burden Hours:
293,496.
Estimated Cost Operation and
Maintenance): $9,538,604.
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://
regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile
(fax); or (3) by hard copy. All comments,
attachments, and other materials must
identify the Agency name and the
OSHA docket number for the ICR
(Docket No. OSHA–2010–0039). 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).

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18932

Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions comments 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 publically 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
Dorothy Dougherty, Deputy 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 April 13,
2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2017–08229 Filed 4–21–17; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0056]

Notice of Alleged Safety and Health
Hazard (Form OSHA–7); Extension of
the Office of Management and
Budget’s (OMB) Approval of
Collections of Information
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
collections of information contained in
the OSHA–7 Form.
DATES: Comments must be submitted
(postmarked, sent or received) by June
23, 2017.
ADDRESSES:

jstallworth on DSK7TPTVN1PROD with NOTICES

SUMMARY:

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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–2010–0056, 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–2010–0056) 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://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 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–3609, 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., employees filing
occupational safety or health
complaints) burden, conducts a
preclearance consultation program to
provide the public with an opportunity
to comment on proposed and
collections of information in accord
with the Paperwork Reduction Act
(PRA) (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).
Under paragraphs (a) and (c) of 29
CFR 1903.11 (‘‘Complaints by
employees’’), employees and their
representatives may notify the OSHA
area director or an OSHA compliance
officer of safety and health hazards
regulated by the Agency that they
believe exist in their workplaces at any
time. These provisions state further that
this notification must be in writing and
‘‘shall set forth with reasonable
particularity the grounds for the notice,
and shall be signed by the employee or
representative of the employee.’’
In addition to providing specific
hazard information to the Agency,
paragraph (a) permits employees/
employee representatives to request an
inspection of the workplace. Paragraph
(c) also addresses situations in which
employees/employee representatives
may provide the information directly to
the OSHA compliance officer during an
inspection. An employer’s former
employees may also submit complaints
to the Agency.
To address the requirements of
paragraphs (a) and (c), especially the
requirement that the information be in
writing, the Agency developed the
OSHA–7 Form; this form standardized
and simplified the hazard reporting
process. For paragraph (a), they may
complete an OSHA–7 Form obtained

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