[Federal Register Volume 62, Number 131 (Wednesday, July 9, 1997)]
[Notices]
[Pages 36850-36851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17935]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[Docket No. ICR 97-24]


Agency Information Collection Activities; Request for Withdrawal 
of Approval for Information Collection Activities; Testing of Materials 
Used in Rollover Protective Structures (ROPS) (29 CFR 1926.1001(e)(3), 
and (29 CFR 1926.1002(d)(6)--Certification of Materials

ACTION: Withdrawal.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a pre-clearance 
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 (PRA95) (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 the impact of 
collection requirements on respondents can be properly assessed. 
Currently the Occupational Safety and Health Administration is 
soliciting comments concerning the proposed withdrawal of the 
information collection requests for 29 CFR 1926.1001(e)(3), and 29 CFR 
1926.1002(d)(6). The latter provision was removed from the CFR on March 
6, 1996, when OSHA issued a final rule replacing the provision with a 
reference to the Society of Automotive Engineers (SAE) consensus 
standard J334a. The SAE standard does not contain a collection of 
information (paperwork requirement) .

DATES: Written comments must be submitted on or before September 8, 
1997.

ADDRESSES: Comments are to be submitted to the Docket Office, Docket No 
ICR 97-24, Occupational Safety and Health Administration, U.S. 
Department of Labor, Room N-2625, 200 Constitution Avenue, NW., 
Washington, DC 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:
Larry Davey, Directorate of Construction, Occupational Safety and 
Health Administration, U.S. Department of Labor, Room N-3605, 200 
Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 219-
7198. 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 Yamilet Ramirez at 
(202) 219-8055 ext. 141. For electronic copies of the Information 
Collection Request to withdraw on the requirements for certification of 
materials on 29 CFR 1926.1001(e)(3) contact OSHA's WebPage on Internet 
at http://www.osha.gov/ and click on standards.

SUPPLEMENTARY INFORMATION:

I. Comments

    OSHA requests comments on its determination that the requirements 
to test materials used in ROPS under 1926.1001(e)(3) and formerly at 
1926.1002(d)(6) do not involve a collection of information and; 
therefore are not subject to approval of OMB under the Paperwork 
Reduction Act (PRA). The provision at 1926.1002(d)(6) was removed on 
March 6, 1996, when OSHA issued a final rule which replaced the 
provision with a reference to the Society of Automotive Engineers (SAE) 
consensus standard J334a. The SAE standard does not contain a 
collection of information.
    The provisions in question require that the strength of materials 
used for ROPS be verified by tests or material certification (tested 
according to a test protocol). However, the provisions do not require 
any type or record or certificate to be prepared and/or maintained. 
OSHA originally considered the term ``certification'' as used in these 
provisions to involve a collection of information subject to PRA. Upon 
reconsideration, OSHA no longer believes the term ``certification'' as 
used in these provisions 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.

[[Page 36851]]

    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;
     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 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. OSHA estimated 
previously that there are about 10,000 construction sites where 
scrapers, loaders, dozers, graders, and crawler tractors are in use 
which have the required ROPS. On average, each site would have 5 pieces 
of equipment. OSHA previous estimate was that it would take 5 minutes 
to inspect the materials and to prepare a certification for the ROPS 
and another 5 minutes to make the certification record available at the 
time of inspection.
    Type of Review: Request for withdrawal of approval.
    Agency: U.S. Department of Labor, Occupational Safety and Health 
Administration.
    Title: Testing of Materials Used in rollover protective structures 
(ROPS) (29 CFR 1926.1001(e)(3), and (29 CFR 1926.1002(d)(6)--
Certification of Materials.
    Affected Public: Business or other for profit.
    Previous Number of Respondents: 10,000.
    Revised Number of Respondents: Zero.
    Previous Estimated Time Per Response: 10 minutes.
    Revised Time of Response: Zero minutes (0:00).
    Previous Total Annual Burden Hours: 8333.
    Revised Total Annual Burden Hours: Zero.
    Total Annualized Capital/Startup Costs: $0.

    Signed at Washington, DC, this 2nd day of July 1997.
Russell B. Swanson,
Director, Directorate of Construction.
[FR Doc. 97-17935 Filed 7-8-97; 8:45 am]
BILLING CODE 4510-26-M