60 day Federal Register Notice 2-28-23 (88 FR 12699)

Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices
SUPPLEMENTARY INFORMATION:

DEPARTMENT OF LABOR

I. Background

Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0016]

Derricks Standards 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 the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
contained in its Derricks Standards.
DATES: Comments must be submitted
(postmarked, sent, or received) by May
1, 2023.
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.
Docket: To read or download
comments or other material in the
docket, go to http://
www.regulations.gov. 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 website.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (OSHA–2010–0016). OSHA will
place comments and requests to speak,
including personal information, in the
public docket, which may be available
online. Therefore, OSHA cautions
interested parties about submitting
personal information such as social
security numbers and birthdates. For
further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.

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SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor,
telephone (202) 693–2222.

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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, the reporting burden
(time and costs) is minimal, the
collection instruments are clearly
understood, and OSHA’s estimate of the
information collection burden is
accurate. The Occupational Safety and
Health Act of 1970 (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
incidents (see 29 U.S.C. 657). The OSH
Act also requires OSHA to obtain such
information with a minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining said information (see 29
U.S.C. 657).
The following sections describe who
uses the information collected under
each requirement as well as how they
use it. The purpose of these
requirements is to prevent death and
serious injuries among workers by
ensuring that the derrick is not used to
lift loads beyond its rated capacity and
that all the ropes are inspected for wear
and tear.
Paragraph (c)(1) requires that for
permanently installed derricks a clearly
legible rating chart must be provided
with each derrick and securely affixed
to the derrick. Paragraph (c)(2) requires
that for non-permanent installations the
manufacturer must provide sufficient
information from which capacity charts
can be prepared by the employer for the
particular installation. The capacity
charts must be located at the derrick or
at the jobsite office. The data on the
capacity charts provide information to
the workers to assure that the derricks
are used as designed and not overloaded
or used beyond the range specified in
the charts.
Paragraph (f)(2)(i)(d) requires that
warning or out of order signs must be
placed on the derrick hoist while
adjustments and repairs are being
performed.

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12699

Paragraph (g)(1) requires employers to
thoroughly inspect all running rope in
use, and to do so at least once a month.
In addition, before using rope that has
been idle for at least a month, it must
be inspected as prescribed by paragraph
(g)(3) and a record prepared to certify
that the inspection was done. The
certification records must include the
inspection date, the signature of the
person conducting the inspection, and
the identifier of the rope inspected.
Employers must keep the certification
records on file and available for
inspection. The certification records
provide employers, workers, and OSHA
compliance officers with assurance that
the ropes are in good condition. The
Standard requires the disclosure of
charts and inspection certification
records if requested during an OSHA
inspection.
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 is no change in burden hours in
the information collection requirements
in this standard. The costs are adjusted
due to updated calculations.
Type of Review: Extension of a
currently approved collection.
Title: Derricks Standard (29 CFR
1910.181).
OMB Control Number: 1218–0222.
Affected Public: Business or other forprofits.
Number of Respondents: 1,050.
Frequency of Responses: On occasion.
Total Responses: 7,750.
Average Time per Response: Varies.
Estimated Total Burden Hours: 1,336.
Estimated Cost (Operation and
Maintenance): $90,300.
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:

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Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices

(1) electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (fax); or (3) by hard copy.
Please note: While OSHA’s Docket
Office is continuing to accept and
process submissions by regular mail,
due to the COVID–19 pandemic, the
Docket Office is closed to the public and
not able to receive submissions to the
docket by hand, express mail,
messenger, and courier service. All
comments, attachments, and other
material must identify the agency name
and the OSHA docket number (Docket
No. OSHA–2010–0016) 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
electronic comments by your name,
date, and the docket number so that the
Agency can attach them to your
comments.
Due to security procedures, the use of
regular mail may cause a significant
delay in the receipt of comments.
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 at
(202) 693–2350, (TTY (877) 889–5627)
for information about materials not
available from the website, and for
assistance in using the internet to locate
docket submissions.
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V. Authority and Signature
James S. Frederick, 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).

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Signed at Washington, DC, on February 14,
2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2023–04056 Filed 2–27–23; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Information Collection—Housing
Occupancy Certificates Under the
Migrant and Seasonal Agricultural
Worker Protection Act
Wage and Hour Division,
Department of Labor.

AGENCY:

Notice and request for
comments.

ACTION:

The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA). This program helps to ensure
that 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 on respondents
can be properly assessed. Currently, the
Wage and Hour Division is soliciting
comments concerning its proposal to
extend Office of Management and
Budget (OMB) approval of the
Information Collection: Housing
Occupancy Certificate under the
Migrant and Seasonal Agricultural
Worker Protection Act. A copy of the
proposed information request can be
obtained by contacting the office listed
below in the FOR FURTHER INFORMATION
CONTACT section of this notice.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
May 1, 2023.
ADDRESSES: You may submit comments
identified by OMB Control Number
1235–0006 by either one of the
following methods: Email:
[email protected]; Mail,
Hand Delivery, Courier: Division of
Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room S–3502, 200
SUMMARY:

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Constitution Avenue NW, Washington,
DC 20210.
Instructions: Please submit one copy
of your comments by only one method.
All submissions received must include
the agency name and Control Number
identified above for this information
collection. Because we continue to
experience delays in receiving mail in
the Washington, DC area, commenters
are strongly encouraged to transmit their
comments electronically via email or to
submit them by mail early. Comments,
including any personal information
provided, become a matter of public
record. They will also be summarized
and/or included in the request for OMB
approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT:
Robert Waterman, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room S–3502, 200
Constitution Avenue NW, Washington,
DC 20210; telephone: (202) 693–0406
(this is not a toll-free number).
Alternative formats are available upon
request by calling 1–866–487–9243. If
you are deaf, hard of hearing, or have a
speech disability, please dial 7–1–1 to
access telecommunications relay
services.
SUPPLEMENTARY INFORMATION:
I. Background: The Wage and Hour
Division (WHD) of the Department of
Labor (Department) administers the
Migrant and Seasonal Agricultural
Worker Protection Act (MSPA), 29
U.S.C. 1801 et seq. MSPA protects
migrant and seasonal agricultural
workers by establishing employment
standards related to wages, housing,
transportation, disclosures, and
recordkeeping. MSPA also requires farm
labor contractors and farm labor
contractor employees to register with
the Department and to obtain special
authorization before housing workers,
using a vehicle to transport workers, or
driving such vehicles. MSPA requires
any person who owns or controls any
facility or real property that is used to
house migrant agricultural workers to
post a copy of the certificate of
occupancy at the site of the facility or
real property. The certificate attests that
a state, local, or federal agency
conducted a housing safety and health
inspection and verified that the facility
or real property meets the applicable
safety and health standards. Migrant
agricultural workers may not be housed
at any facility or real property without
such certificate of occupancy. The
original certificate must be retained by
the person who owns or controls the
facility or real property for 3 years and

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