[Federal Register Volume 62, Number 129 (Monday, July 7, 1997)]
[Notices]
[Pages 36312-36313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17633]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[Docket No. ICR 97-30]


Agency Information Collection Activities; Request for Withdrawal 
of Approval for Information Collection Activities; Aboveground Tank 
Venting Devices (29 CFR 1910.106(b)(2)(v)(i) and 29 CFR 
1926.152(i)(2)(v)(i)--Manufacturers' Certification of Test

ACTION: Withdrawal.

-----------------------------------------------------------------------

SUMMARY: 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 95) (44 U.S.C. 3506(c)(2)(A)). 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 impact of collection 
requirements on respondents can be properly assessed. Currently, OSHA 
is soliciting comments concerning the proposed withdrawal of the 
information collection requirements for a manufacturer's certification 
of test validity for aboveground liquid storage tank venting devices 
contained in 29 CFR 1910.106(b)(2)(v)(i) and 29 CFR 1926.152(i)(v)(I).

DATES: Written comments must be submitted on or before September 5, 
1997.

ADDRESSES: Comments are to be submitted to the Docket Office, Docket 
No. ICR-97-30, Occupational Safety Health Administration, U.S. 
Department of Labor, Room N-2625, 200 Constitution Avenue, NW, 
Washington, D.C. 20210. Telephone: (202) 219-7894. Written comments 
limited to 10 pages or less in length may also be transmitted by 
facsimile to (202) 219-5046.

FOR FURTHER INFORMATION CONTACT: Michael B. Moore, Directorate of 
Safety Standards Programs, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N-3605, 200 Constitution 
Avenue, NW, Washington, D.C. 20210. Telephone: (202) 219-7216, ext. 
115. Copies of the referenced information collection request are 
available for inspection and copying in the Docket Office and will be 
mailed to persons who request copies by telephoning Theda Kenney at 
(202) 219-8061, ext. 100, or Barbara Bielaski at (202) 219-8076, ext. 
142. For electronic copies of the Information Collection Request to 
Withdraw on the certification provisions of Aboveground Tank Venting 
Devices, contact OSHA's Web Page on the Internet at http://
www.osha.gov/ and click on standards.

SUPPLEMENTARY INFORMATION: 

I. Comments

    OSHA requests comments on its determination that the vent test 
requirements do not involve a collection of information and; therefore, 
are not subject to approval of OMB under the Paperwork Reduction Act 
(PRA).
    The provisions in question require the employer to make a test but 
do not require records. Tests performed by manufacturer must be 
certified by a qualified impartial observer. OSHA originally considered 
the term ``certified'' to involve a collection of information and to be 
subject to PRA. Upon reconsideration, OSHA no longer believes the term 
``certified'' as used implies a paperwork burden and hence its request 
to withdraw its paperwork burden estimate. There is no change to the 
actual requirement to conduct the test as a result of the Agency's 
determination that no paperwork burden exists.
    If commenters disagree with the Agency's determination, and instead 
believe that a burden does exist, then the Agency is particularly 
interested in comments which:
     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;
     Evlauate 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 submissions of responses.

II. OSHA's Estimate of a Burden

    As stated before, OSHA no longer believes that an information 
collection burden exists for these two provisions.

[[Page 36313]]

However, with respect to 29 CFR 1910.106(b)(2)(v)(i), OSHA estimated 
previously that there were 3 million employers that could have 
aboveground storage tanks that would require venting devices. Of those, 
OSHA estimated that one-half or 1.5 million employers would turn to the 
manufacturer for venting device testing. OSHA previously assumed that 
these 1.5 million employers would have to obtain and make available to 
OSHA a manufacturer's certificate of test validity. OSHA estimated that 
it would take each employer 5 minutes to retrieve and provide the 
manufacturer's test certificate to OSHA and that each employer could 
have 5 tanks. Based upon these assumptions, OSHA estimated previously 
that it would take employers 625,000 hours to provide the test 
certificates (1.5 million employers x 5 minutes/employer  x  5 tanks/
employer). OSHA used a wage rate of $25.00/hour for the individual who 
would obtain and provide the test validity certificate. OSHA, 
therefore, estimated a one-time cost burden of $15,625,000.00.
    With respect to 29 CFR 1926.152(i)(2)(v)(I), OSHA estimated 
previously that there were 1,000 construction sites that could have as 
many as two tanks per site that would use the manufacturer's test. 
Using the same wage rate as used for part 1910, OSHA estimated that 
employers in the construction industry would use approximately 833 
hours and spend approximately $20,825.00 to obtain and provide the 
manufacturer's certificate of test validity.
    The total burden estimate for this standard in both general 
industry and construction was estimated to be 625,833 hours and 
$15,627,075.00.
    With the withdrawal of the previous information collection 
approval, the burden for these certifications will become zero dollars.
    Type of Review: Request for withdrawal of approval.
    Title: Aboveground Tank Venting Devices (29 CFR 
1910.106(b)(2)(v)(i) and 29 CFR 1926.152(i)(2)(v)(I)--Manufacturer's 
Certification Test.
    Frequency of Response: Varies.
    Affected Public: Business or other for profit and Federal; State, 
local or tribal governments.
    Previous Number of Respondents: 1,501,000.
    Revised Number of Respondents: Zero (0).
    Previous Estimated Time Per Response: 5 minutes.
    (Revised Time of Response: Zero minutes (0:00).
    Previous Total Annual Burden Hours: 625,083.
    Revised Total Annual Burden Hours: 0.
    Total Annualized Capital/Startup Costs: 0.

    Signed at Washington, D.C., this 26th day of June 1997.
John F. Martonik,
Acting Director, Directorate of Safety Standards Programs.
[FR Doc. 97-17633 Filed 7-3-97; 8:45 am]
BILLING CODE 4510-26-M