[Federal Register Volume 63, Number 118 (Friday, June 19, 1998)]
[Notices]
[Pages 33713-33714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16384]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[Docket No. ICR-98-11]


Underground Construction--Air Quality Record

AGENCY: Occupational Safety and Health Administration, Labor.


[[Page 33714]]


ACTION: Notice of proposed information collection; opportunity for 
public comment.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and information collection burdens, is conducting a 
preclearance consultation program to provide the general public and 
Federal agencies with an opportunity to comment on both current and 
proposed collections of information in accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program helps to 
ensure that reporting burden (time and financial resources) is 
minimized, collection materials are clearly understood, impact of 
collection requirement on respondents can be accurately assessed, and 
requested data can be provided in the desired format. Currently, the 
Occupational Safety and Health Administration (OSHA) is soliciting 
comments concerning the proposed extension of the information 
collection requirements contained in 29 CFR 1926.800, which addresses 
underground construction.
    The Agency is particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of OSHA's responsibilities, 
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 the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology (for example, permitting 
electronic submissions of responses).

DATES: Written comments must be submitted on or before August 18, 1998.

ADDRESSES: Comments are to be submitted to the Docket Office, Docket 
ICR-98-11, U.S. Department of Labor, Room N-2625, 200 Constitution 
Avenue, NW., Washington, DC 20210, (202) 219-7894. Written comments 
limited to 10 pages or less may be transmitted by facsimile to (202) 
219-5046.

FOR FURTHER INFORMATION CONTACT:
Mr. Laurence Davey, Directorate of Construction, Occupational Safety 
and Health Administration, U.S. Department of Labor, Room N3621, 200 
Constitution Avenue, NW., Washington, DC 20210, (202) 219-7207. Copies 
of the information collection requests are available for inspection and 
copying in the Docket Office and will be mailed to persons who request 
copies by telephoning Mr. Davey at (202) 219-7207 or Barbara Bielaski 
at (202) 219-8076. For electronic copies of the information collection 
request, contact OSHA's Web Page on Internet at
http://www.osha-slc.gov (click on Information Collection Requests).

SUPPLEMENTARY INFORMATION:

Background

    The Occupational Safety and Health Administration (OSHA) currently 
has approval from the Office of Management and Budget (OMB) for the 
information collection (records) requirements contained in 29 CFR 
1926.800(j)(3). The approval will expire on August 31, 1998, unless 
OSHA applies for an extension of the OMB approval. This notice 
initiates the process for OSHA to request an extension of the current 
OMB approval.
    Under Sec. 1926.800(j)(3), employers are required to test the 
atmosphere at underground work locations, and prepare and retain a 
written record of these air quality test findings. The provision 
requires that employers retain the record aboveground at the job site 
until completion of the project, and make it available to the Secretary 
of Labor upon request. The record provides a means to check the 
effectiveness of ventilation at the site and to evaluate the need to 
modify ventilation or withdraw employees from a hazardous location.
    In addition, under Sec. 1926.800(t)(3)(xxi), employers are required 
to inspect and test hoisting assemblies at the time of installation, 
after repairs or alterations, after safety devices have been tripped, 
and annually. Persons performing these inspections and load tests are 
to certify when the tests were performed, identify the hoist, and sign 
the certification (only the most recent certification must be 
maintained).
    There are also seven provisions in Sec. 1926.800 that contain 
posting requirements: Employers are required to post warnings to notify 
employees when there are unused openings; a gassy atmosphere is 
present; testing results show that the atmosphere is dangerous; smoking 
or open flames are not allowed due to fire hazards; the ground is not 
stable; air lines are buried or hidden by water or debris; and when 
work is being done in a shaft normally used for hoisting.
    In the request for an extension, OSHA is proposing to adjust the 
burden hours downward to reflect increased use of technologically 
advanced equipment for monitoring and advanced tunneling methods, such 
as microtunneling. The adjustment also reflects a reassessment of the 
estimated time to perform and record these air quality tests based upon 
discussions with OSHA compliance personnel and industry specialists who 
are knowledgeable about underground construction, as well as OSHA's 
inspection data.

Current Action

    This notice requests public comment on OSHA's burden hour estimates 
prior to OSHA seeking Office of Management and Budget (OMB) approval of 
the paperwork requirements in 29 CFR 1926.800(j)(3), as well as 
approval of provisions in Sec. 1926.800(t)(3)(xxi) and seven posting 
requirements in the standard.
    Type of Review: Revision.
    Agency: Occupational Safety and Health Administration, U.S. 
Department of Labor.
    Title: Underground Construction (29 CFR 1926.800).
    OMB Number: 1218-0067.
    Agency Number: Docket No. ICR-98-11.
    Affected Public: Business or other for-profit.
    Number of Respondents: 320.
    Frequency: On Occasion.
    Estimated Time Per Respondent: Ranges from 30 seconds to record 
monitoring results, up to 1 hour to inspection and certify hoisting 
assemblies.
    Total Burden Hours: 8,357 hours.
    Comments submitted in response to this notice will be summarized 
and included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Signed at Washington, D.C., this 15th day of June, 1998.
Charles N. Jeffress,
Assistant Secretary of Labor.
[FR Doc. 98-16384 Filed 6-18-98; 8:45 am]
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