60_Day FRN

60_Day FRN 2018.pdf

Vehicle-Mounted Elevating and Rotating Work Platforms Standard (Aerial Lifts) (29 CFR 1910.67)

60_Day FRN

OMB: 1218-0230

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Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices
C&ORC, who will report directly to
UBS’s Chief Risk Officer.’’
To accommodate UBS’s
organizational structure in a manner
consistent with the requirements of this
exemption, Section I(m)(1)(ii) of the
exemption is revised to read, ‘‘The
Compliance Officer has a reporting line
within UBS’s Compliance and
Operational Risk Control (C&ORC)
function to the Head of Compliance and
Operational Risk Control, Asset
Management. The C&ORC function is
organizationally independent of UBS’s
business divisions—including Asset
Management and the Investment Bank—
and is led by the Global Head of
C&ORC, who will report directly to
UBS’s Chief Risk Officer.’’

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Section I(m)(2)(v)
Section I(m)(2)(v) of the exemption
states that, ‘‘[e]ach Annual Review,
including the Compliance Officer’s
written Annual Report, must be
completed within at least three (3)
months following the end of the period
to which it relates.’’ Section I(m)(2)(v) of
the exemption is revised by deleting the
phrase ‘‘at least.’’ As revised, Section
I(m)(2)(v) now reads, ‘‘Each Annual
Review, including the Compliance
Officer’s written Annual Report, must
be completed within three (3) months
following the end of the period to which
it relates.’’
Comment Section Regarding Notice of
Right To Obtain Copy of Policies—
Section I(r)
The comment section on page 61915
of the exemption discussing the right to
obtain a copy of the Polices is hereby
revised to be consistent with Section I(r)
of the exemption, which provides that
‘‘[b]y July 09, 2018, each UBS QPAM, in
its agreements with, or in other written
disclosures provided to Covered Plans,
will clearly and prominently inform
Covered Plan clients of their right to
obtain a copy of the Policies or a
description (Summary Policies) which
accurately summarizes key components
of the UBS QPAM’s written Policies
developed in connection with this
exemption. . . .’’ Accordingly, the
sentence beginning ‘‘[t]he Department
also agrees with the Applicant . . .’’ in
the first full paragraph in the second
column on page 61915 is revised to
read, ‘‘The Department also agrees with
the Applicant that the timing
requirement for disclosure should be
revised and, accordingly, has modified
the condition of Section I(r) to require
notice regarding the information on the
website within 6 months of the effective
date of this exemption (by July 09,
2018), and thereafter to the extent

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certain material changes are made to the
Policies.’’

DEPARTMENT OF LABOR

References to ‘‘UBS’’ and ‘‘UBS, AG’’

Occupational Safety and Health
Administration

The term ‘‘UBS, AG’’ as it appears in
Section II(g) is revised to ‘‘UBS AG.’’
The term ‘‘UBS, AG’’ is it appears
elsewhere in the exemption is revised to
mean ‘‘UBS.’’
Definition of UBS QPAM—Section II(h)
Section II(h) of the exemption states:
‘‘[t]he term ‘UBS QPAM’ means UBS
Asset Management (Americas) Inc., UBS
Realty Investors LLC, UBS Hedge Fund
Solutions LLC, UBS O’Connor LLC, and
any future entity within the Asset
Management or the Wealth Management
Americas divisions of UBS, AG that
qualifies as a ‘qualified professional
asset manager’ (as defined in Section
VI(a) of PTE 84–14) and that relies on
the relief provided by PTE 84–14 or
represents to ERISA-covered plans and
IRAs that it qualifies as a QPAM and
with respect to which UBS, AG is an
‘affiliate’ (as defined in Part VI(d) of PTE
84–14). The term ‘UBS QPAM’ excludes
UBS, AG and UBS Securities Japan’’
(footnote omitted).
The Department is revising Section
II(h) of the exemption by deleting the
phrase ‘‘or represents to ERISA-covered
plans and IRAs that it qualifies as a
QPAM.’’ As revised, Section II(h) now
reads, ‘‘The term ‘UBS QPAM’ means
UBS Asset Management (Americas) Inc.,
UBS Realty Investors LLC, UBS Hedge
Fund Solutions LLC, UBS O’Connor
LLC, and any future entity within the
Asset Management or the Wealth
Management Americas divisions of UBS
that qualifies as a ‘qualified professional
asset manager’ (as defined in Section
VI(a) 17 of PTE 84–14) and that relies on
the relief provided by PTE 84–14 and
with respect to which UBS is an
‘affiliate’ (as defined in Part VI(d) of PTE
84–14). The term ‘UBS QPAM’ excludes
UBS and UBS Securities Japan.’’
FOR FURTHER INFORMATION CONTACT: Mr.
Brian Mica of the Department,
telephone (202) 693–8402. (This is not
a toll-free number).
Lyssa E. Hall,
Director of Exemption Determinations,
Employee Benefits Security Administration,
U.S. Department of Labor.
[FR Doc. 2018–03396 Filed 2–16–18; 8:45 am]
BILLING CODE 4510–29–P
17 In general terms, a QPAM is an independent
fiduciary that is a bank, savings and loan
association, insurance company, or investment
adviser that meets certain equity or net worth
requirements and other licensure requirements and
that has acknowledged in a written management
agreement that it is a fiduciary with respect to each
plan that has retained the QPAM.

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[Docket No. OSHA–2011–0185]

Vehicle-Mounted Elevating and
Rotating Work Platforms (Aerial Lifts);
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration, 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 VehicleMounted Elevating and Rotating Work
Platforms (Aerial Lifts). The purpose of
the requirements is to reduce workers’
risk of death or serious injury by
ensuring that aerial lifts are in safe
operating condition.
DATES: Comments must be submitted
(postmarked, sent, or received) by April
23, 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
using this method, you must submit a
copy of your comments and attachments
to the OSHA Docket Office, Docket No.
OSHA–2011–0185, 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 services) 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–2011–0185) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the 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
SUMMARY:

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Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices

in the section of this notice titled
SUPPLEMENTARY INFORMATION.
Docket: To read or download
comments or other materials 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 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 address 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,
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 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 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).
Manufacturer’s Certification of
Modifications (§ 1910.67(b)(2)). The
Standard requires that when aerial lifts
are ‘‘field modified’’ for uses other than
those intended by the manufacturer, the
manufacturer or other equivalent entity,
such as a nationally recognized testing
laboratory, must certify in writing that
the modification is in conformity with

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all applicable provisions of ANSI
A92.2–1969 and the OSHA standard
and that the modified aerial lift is at
least as safe as the equipment was
before modification. Employers are to
maintain the certification record and
make it available to OSHA compliance
officers upon request. This record
provides assurance to employers,
workers, and compliance officers that
the modified aerial lift is safe for use,
thereby preventing failure while
workers are being elevated. The
certification record also provides the
most efficient means for the compliance
officers to determine that an employer is
complying with the Standard.
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
There are no adjustments or program
changes associated with this package.
Type of Review: Extension of a
currently approved collection.
Title: Vehicle-Mounted Elevating and
Rotating Work Platforms (Aerial Lifts)
(29 CFR 1910.67).
OMB Control Number: 1218–0230.
Affected Public: Business or other forprofits.
Number of Respondents: 1,000.
Number of Responses: 1,000.
Frequency of Responses: On occasion.
Average Time per Response: Various.
Estimated Total Burden Hours: 20.
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
materials must identify the Agency

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name and the OSHA docket number for
the ICR (Docket No. OSHA–2011–0185).
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 from this website. All
submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
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 from the
website, and for assistance in using the
internet to locate docket submissions.
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).
Signed at Washington, DC, on February 13,
2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2018–03371 Filed 2–16–18; 8:45 am]
BILLING CODE 4510–26–P

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