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Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Notices

et seq.) and Secretary of Labor’s Order
No. 1–2012 (77 FR 3912).
Signed at Washington, DC, on December 6,
2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2017–26719 Filed 12–11–17; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2017–0011]

Minnesota State Plan; Changes in
Level of Federal Enforcement:
Employment on Indian Reservations
and Twin Cities Army Ammunition
Plant, and Coverage Clarifications
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Notice.
AGENCY:

This document gives notice of
OSHA’s approval of changes to the State
of Minnesota’s Occupational Safety and
Health State Plan that specify that nonIndian private- sector employment
within an Indian reservation or on lands
held in trust by the Federal
Government, and employment on land
formerly occupied by the Twin Cities
Army Ammunition Plant, are included
in its State Plan, and that make other
minor coverage clarifications.
DATES: Applicable Date: December 12,
2017.
SUMMARY:

For
press inquiries, contact Francis
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor; telephone: (202) 693–1999;
email: [email protected].
For general and technical information,
contact Douglas J. Kalinowski, Director,
OSHA Directorate of Cooperative and
State Programs, U.S. Department of
Labor; telephone: (202) 693–2200;
email: [email protected].
SUPPLEMENTARY INFORMATION: Section 18
of the Occupational Safety and Health
Act of 1970, 29 U.S.C. 667 (OSH Act),
provides that States that wish to assume
responsibility for developing and
enforcing their own occupational safety
and health standards may do so by
submitting and obtaining federal
approval of a State Plan. State Plan
approval occurs in stages that include
initial approval under Section 18(c) of
the Act and, ultimately, final approval
under Section 18(e).

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The Minnesota State Plan was
initially approved under Section 18(b)
of the OSHA Act. 38 FR 15077 (June 8,
1973). The State Plan later received final
approval. 50 FR 30832 (July 30, 1985).
The Minnesota State Plan is
administered by the Minnesota
Department of Labor and Industry,
Minnesota Occupational Safety and
Health Administration (MNOSHA).
Under the Plan, MNOSHA covers state
and local government employers and
private-sector employers with certain
exceptions. Originally, one of the
exceptions was employment at the Twin
Cities Army Ammunition Plant, which
Federal OSHA covered because the
United States had exclusive federal
jurisdiction over the site. 50 FR 30832
(July 30, 1985). Later, another exception
was added for tribal and private-sector
employment within any Indian
reservation in the State, which Federal
OSHA also covered. 61 FR 36824 (July
15, 1996).
With the decommissioning and
removal of the Twin Cities Army
Ammunition Plant, MNOSHA requested
that the exception to the State Plan’s
coverage for the plant be eliminated.
The land on which the plant stood was
transferred to the county and as such,
private-sector employment on this land
would fall under the State Plan’s area of
coverage. However, Federal OSHA
continues to cover employment on land
adjacent to the land transferred to the
county because that adjacent land
continues to be under exclusive federal
jurisdiction. Federal OSHA granted this
request.
MNOSHA also requested that the
exception to the State Plan for tribal and
private-sector employment on Indian
reservations and lands held in trust by
the Federal Government be changed so
that MNOSHA could cover non-Indian
private-sector employment in these
areas. Federal OSHA continues to cover
establishments owned or operated by
Indian tribes or by enrolled members of
Indian tribes. This approach to coverage
is consistent with case law on federal
and state authority over Indian lands.
Federal OSHA granted this request.
These changes are reflected on the
Federal OSHA web page for MNOSHA,
http://www.osha.gov/dcsp/osp/
stateprogs/minnesota.html. In addition,
that web page was updated to include
two longstanding coverage features of
the Minnesota State Plan which are also
common to other State Plans. 50 FR
30832 (July 30, 1985). Federal OSHA
covers any hazard, industry,
geographical area, operation or facility
over which the State is unable to
effectively exercise jurisdiction for
reasons unrelated to the required

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performance or structure of the plan.
Federal OSHA also covers Federal
Government employers. Additionally,
Federal OSHA covers the United States
Postal Service (USPS). 65 FR 36622
(June 9, 2000).
Authority and Signature
Loren Sweatt, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, U.S. Department of
Labor, authorized the preparation of this
notice. OSHA is issuing this notice
under the authority specified by section
18 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 667),
Secretary of Labor’s Order No. 1–2012
(77 FR 3912), and 29 CFR parts 1902
and 1953.
Signed in Washington, DC, on December 1,
2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2017–26676 Filed 12–11–17; 8:45 am]
BILLING CODE 4510–26–P

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).
DATES: Comments must be submitted
(postmarked, sent, or received) by
February 12, 2018.
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
SUMMARY:

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Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Notices
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.
Occupational Safety and Health
Administration, Department of Labor,
Occupational Safety and Health
Administration, Room N–3653, 200
Constitution Avenue NW, Washington,
DC 20210. Deliveries (hand, express
mail, messenger, and courier service)
are accepted during the Docket Office’s
normal business hours, 10:00 a.m. to
3:00 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
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 through the website.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Theda Kenney at
the phone number below to obtain a
copy of the ICR.
FOR FURTHER INFORMATION CONTACT:
Charles McCormick or Theda Kenney,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, (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

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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
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

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58451

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
maximum protection against cave-ins.
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
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
from 761,873 to 931,009 projects/sites
has resulted in an adjustment increase
in burden hours from 14,266 to 17,262—
a total increase of 2,996 burden hours.
OSHA increased the number of
apartment and non-residential
construction sites that would use
outside contractor engineering services
for the required protective system
design approval from 2,038 to 2,466.
There was an increase in hourly wage
for a civil engineer from $53.17 to
$63.16, which increased the overall cost
from $216,721 to $311,505, a difference
of $94,784.
The Agency will summarize any
comments submitted in response to this
notice and will include this summary in

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Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Notices

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: 8,382.
Number of Responses: 17,262.
Frequency of Responses: On occasion.
Average Time per Response: Various.
Estimated Total Burden Hours: 17,262
hours.
Estimated Cost (Operation and
Maintenance): $0.

Information on using the http://
www.regulations.gov website to submit
comments and access the docket is
available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available through the website and for
assistance in using the internet to locate
docket submissions.

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 (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 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 website.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.

Signed at Washington, DC, on December 5,
2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.

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V. Authority and Signature
Loren Sweatt, 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).

[FR Doc. 2017–26675 Filed 12–11–17; 8:45 am]
BILLING CODE 4510–26–P

NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: 17–088]

National Space Council Users’
Advisory Group; Establishment
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of establishment of the
National Space Council Users’ Advisory
Group.
AGENCY:

Pursuant to the NASA Authorization
Act of 1991 (Pub. L. 101–611, Section
121), and Executive Order 13803
(‘‘Reviving The National Space
Council’’), Section 6, signed by the
President on June 30, 2017, NASA has
established the National Space Council
Users’ Advisory Group (UAG). The UAG
is a non-discretionary statutory Federal
advisory committee under the Federal
Advisory Committee Act (FACA) (Pub.
L. 92–463, as amended). NASA is
sponsoring and managing the operations
of the UAG on behalf of the National
Space Council, Executive Office of the
President. This determination follows
consultation with the Committee
Management Secretariat of the U.S.
General Services Administration.
Purpose: The purpose of the UAG is
purely advisory and shall be to ensure
that the interests of industry, other nonFederal entities, and other persons
involved in aeronautics and space
activities are adequately represented in
the deliberations of the National Space
Council. The National Space Council is

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an Executive Branch interagency
coordinating committee chaired by the
Vice President, which is tasked with
advising and assisting the President
regarding national space policy and
strategy.
Membership: Members of the UAG
will serve either as ‘‘Representatives’’
(representing industry, other nonFederal entities, and other recognizable
groups of persons involved in
aeronautical and space activities) or
‘‘Special Government Employees’’
(individual subject matter experts).
Duration: Pursuant to Section 12(b) of
the NASA Authorization Act of 1991,
the UAG is not subject to Section 14a(2)
of FACA, and shall exist on an ongoing
basis.
Responsible NASA Official: Dr. Jeff
Waksman, Designated Federal Officer/
Executive Secretary, NASA
Headquarters, 300 E Street SW,
Washington, DC 20546, phone: 202–
358–3758 or email: jeff.l.waksman@
nasa.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Jeff Waksman, Designated Federal
Officer/Executive Secretary, NASA
Headquarters, 300 E Street SW,
Washington, DC 20546, phone: 202–
358–3758 or email: jeff.l.waksman@
nasa.gov.
Patricia D. Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2017–26765 Filed 12–11–17; 8:45 am]
BILLING CODE 7510–13–P

NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
[NARA–2018–009]

Records Schedules; Availability and
Request for Comments
National Archives and Records
Administration (NARA)
ACTION: Notice of availability of
proposed records schedules; request for
comments.
AGENCY:

The National Archives and
Records Administration (NARA)
publishes notice at least once monthly
of certain Federal agency requests for
records disposition authority (records
schedules). Once approved by NARA,
records schedules provide mandatory
instructions on what happens to records
when agencies no longer need them for
current Government business. The
records schedules authorize agencies to
preserve records of continuing value in
the National Archives of the United
States and to destroy, after a specified

SUMMARY:

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