[Federal Register Volume 63, Number 233 (Friday, December 4, 1998)]
[Notices]
[Pages 67136-67139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32255]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review; Comment Request

November 30, 1998.
    The Department of Labor (DOL) has submitted the following public 
information collection requests (ICRs) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). A copy of 
each individual ICR, with applicable supporting documentation, may be 
obtained by calling the Department of Labor, Departmental Clearance 
Officer, Todd R. Owen ({202} 219-5096 ext. 143) or by E-Mail to Owen-
T[email protected].
    Comments should be sent to the Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for, ESA, MSHA, OSHA Office of 
Management and Budget, Room 10235, Washington, DC 20503 ({202} 395-
7316), within 30 days from the date of this publication in the Federal 
Register.
    The OMB 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 
submission of responses.
    Agency: Employment Standards Administration.
    Title: Representative Fee Request.
    OMB Number: 1215-0078 (extension).
    Frequency: On occasion.
    Affected Public: Business or other for-profit; Individuals or 
household.
    Number of Respondents: 14,000.
    Estimated Time Per Respondent: 20 to 90 minutes.
    Total Burden Hours: 10,000.
    Total Annualized Capital/startup Costs: 0.
    Total Annual (operating/maintaining): 17,150.
    Description: Individuals filing for compensation benefits with the 
Office of Workers' Compensation Programs (OWCP) may be represented by 
an attorney or other representative. The representative is entitled to 
request a fee for services under 20 CFR 10.145 (Federal Employees' 
Compensation Act) and 20 CFR 702.132 (Longshore and Harbor Workers' 
Compensation Act). The fee must be approved by the OWCP before any 
demand for payment can be made by the representative.

    Agency: Employment Standards Administration.
    Title: The Black Lung Provider Enrollment Form.
    OMB Number: 1215-0137 (extension).
    Agency Number: CM-1168.
    Frequency: On occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 4,000.
    Estimated Time Per Respondent: Three to seven minutes.
    Total Burden Hours: 300.
    Total Annualized Capital/startup Costs: 0.

[[Page 67137]]

    Total Annual (operating/maintaining): 1,400.
    Description: ESA's Division of Coal Mine Workers' Compensation 
(DCMWC) is responsible for maintaining a list of authorized treating 
physicians and medical facilities in the area of a miner's residence 
and for payment of certain medical bills and services provided to the 
miner under the Black Lung Benefits Act. This form is sent to and 
completed by new providers who wish to participate in providing medical 
services to miners. The information provided is used by DCMWC to create 
a data base identifying medical providers by name, address, and billing 
information, and the type of medical service they will provide.

    Agency: Employment Standards Administration.
    Title: Request for Information on Earnings, Dual Benefits, 
Dependents and Third Party Settlements.
    OMB Number: 1215-0151 (revision).
    Frequency: Annually.
    Affected Public: Individuals or household.
    Number of Respondents: 50,000.
    Estimated Time Per Respondent: 20 minutes.
    Total Burden Hours: 16,666.
    Total Annualized Capital/startup Costs: 0.
    Total Annual (operating/maintaining): $17,500.
    Description: The Department of Labor is seeking approval to revise 
this information collection to include a question asking if the 
respondent has ever been convicted of a fraud related offense in 
connection with the application or receipt of worker's compensation 
benefits. It also asks whether the respondent has been incarcerated for 
any period during the last 15 months for any felony offense. These 
additional questions are necessitated by 5 U.S.C. 8148(a), which 
provides that an individual convicted of any violation related to fraud 
in the application for, or receipt of, any compensation benefit, 
forfeits (as of the date of such conviction) any entitlement to such 
benefits for any injury occurring on or before the date of conviction. 
Also, 5 U.S.C. 8148(b)(1) requires that no Federal compensation benefit 
can be paid to any individual for any period during which such 
individual is incarcerated for any felony offense.

    Agency: Occupational Safety and Health Administration.
    Title: Confined and Enclosed Spaces and Other Dangerous Atmospheres 
in Shipyard Employment (29 CFR part 1915)
    OMB Number: 1218-0011 (extension).
    Frequency: Varies (Daily, On Occasion).
    Affected Public: Business or other for-profit; Not for-profit 
institutions; Federal Government; State, local or tribal.
    Number of Respondents: 82,560.
    Estimated Time Per Respondent: Varies from 2 minutes to 5 minutes.
    Total Burden Hours: 136,403.
    Total Annualized Capital/startup Costs: 0.
    Total Annual (operating/maintaining): 0.
    Description: The Occupational Safety and Health Act of 1970 (the 
Act) authorizes the promulgation of such health and safety standards as 
are necessary or appropriate to provide safe or healthful employment 
and places of employment. The statute specifically authorizes 
information collection by employers as necessary or appropriate for the 
enforcement of the Act or for developing information regarding the 
causes and prevention of occupational injuries, illnesses, and 
accidents.
    The information collection requirements contained in the standard 
on Confined and Enclosed Spaces and Other Dangerous Atmospheres in 
Shipyard Employment (29 CFR part 1915) are necessary for the protection 
of employees exposed to hazardous atmospheres in shipyard employment. 
Hazardous atmospheres, whether toxic, flammable or oxygen deficient/
enriched, are found throughout shipyard employment, in shipbuilding, 
ship breaking, repair and land side activities. Before employees can 
work in spaces that may contain hazardous atmospheres, the spaces must 
be inspected and often tested to determine atmospheric contents. In 
some situations, the testing is done by a Marine Chemist, Coast Guard 
Authorized Person, or certified industrial hygienist and a hot work 
certificate is issued and posted. To make sure the atmosphere in a 
space remains safe for workers, retesting is required. In the vast 
majority of situations, a Shipyard Competent Person (SCP) will test the 
space, record and maintain the results and post instructions for the 
workers to follow prior to or during work in the space. The SCP must 
also retest as necessary to maintain safe conditions.
    Employees who must enter spaces that may contain hazardous 
atmospheres must be certified that they have received training and a 
record of the certification maintained by the employer.
    Employers and employees are unable to recognize, flammable or 
oxygen deficient/enriched atmospheres in spaces without first testing 
to determine that hazardous conditions exist. By requiring employers, 
under 29 CFR 1915.7, to ensure that employees have the ability and 
knowledge to recognize, test for, and remove these hazards and to 
specifically assign certain duties to these employees, OSHA is reducing 
the incidence of accidents caused by hazardous atmospheres within 
shipyard employment, including but not limited to, vessels and vessel 
sections.
    Agency: Occupational Safety and Health Administration.
    Title: Control of Hazardous Energy Sources (Lockout/Tagout) (29 CFR 
1910.147).
    OMB Number: 1218-0132 (extension).
    Frequency: Varies (Initially, Yearly, On Occasion).
    Affected Public: Business or other for-profit; Not for-profit 
institutions; Federal Government; State, Local or Tribal Government.
    Number of Respondents: 462,340.
    Estimated Time Per Respondent: Varies from 15 seconds to 2.5 hours.
    Total Burden Hours: 818,098.
    Total Annualized Capital/startup Costs: 0.
    Total Annual (operating/maintaining): 0.
    Description: The Occupational Safety and Health Act of 1970 (the 
Act) authorizes the promulgation of such health and safety standards as 
are necessary or appropriate to provide safe or healthful employment 
and places of employment. The statute specifically authorizes 
information collection by employers as necessary or appropriate for the 
enforcement of the Act or for developing information regarding the 
causes and prevention of occupational injuries, illnesses, and 
accidents.
    The collections of information contained in the standard on the 
Control of Hazardous Energy Sources (Lockout/Tagout) are needed to 
reduce injuries and deaths in the workplace that occur when employees 
are engaged in maintenance, repair, and other service related 
activities requiring the control of potentially hazardous energy. The 
employer will use the information in the procedures he or she develops 
to provide employees with a clear understanding of uniform and safe 
methods for the application and removal of energy control measures 
involving work on machines or equipment, thereby reducing accident 
probability. In addition, the information will be used by employers to 
enable them to pinpoint methods and operations currently in use that 
may require additional attention. The failure to provide and maintain 
access to this information will significantly impair the

[[Page 67138]]

Occupational Safety and Health Administration's effort to control or 
reduce injuries and fatalities in the workplace that are associated 
with these activities and conditions.
    Agency: Occupational Safety and Health Administration.
    Title: Electrical Standards for Construction (29 CFR part 1926, 
Subpart K).
    OMB Number: 1218-0130 (revision).
    Frequency: Initially, On Occasion.
    Affected Public: Business or other for-profit; Not for-profit 
institutions; Federal Government; State, Local or Tribal Government.
    Number of Respondents: 278,500.
    Estimated Time Per Respondent: Varies from .02 to .17 hour.
    Total Burden Hours: 53,001.
    Total Annualized Capital/startup Costs: 0.
    Total Annual (operating/maintaining): 0.
    Description: The Occupational Safety and Health Act of 1970 (the 
Act) authorizes the promulgation of such health and safety standards as 
are necessary or appropriate to provide safe or healthful employment 
and places of employment. The statute specifically authorizes 
information collection by employers as necessary or appropriate for the 
enforcement of the Act or for developing information regarding the 
causes and prevention of occupational injuries, illnesses, and 
accidents.
    In the Electrical Standards for Construction (29 CFR part 1926, 
Subpart K), the written description of the Assured Equipment Grounding 
Conductor Program (AEGP) required by 1926.404(b)(1)(iii) allows 
employers, employees, and OSHA compliance officers to determine how the 
requirements of the standard are being met, including the method of 
recording tests. For example, the employer's written program might 
specify the use of yellow tape to color code every tool and cord set. 
By referring to the written program, OSHA compliance officers and other 
persons can easily determine if the employer is complying with the 
program.
    The posting of warning signs enables employees to avoid accidental 
contact of electrical equipment used on construction sites. Contact 
with unguarded live electrical parts, especially at high voltage, can 
be hazardous to employees.
    The tagging of controls, equipment and circuits its intended to 
prevent the inadvertent reactivation of the controls, equipment and 
circuits while they are being serviced.
    Agency: Occupational Safety and Health Administration.
    Title: Presence Sensing Device Initiation (PSDI) (29 CFR 
1910.217(h)).
    OMB Number: 1218-0143 (extension).
    Frequency: Varies (Initially, Yearly, On Occasion).
    Affected Public: Business or other for-profit; Not for-profit 
institutions; Federal Government; State, Local or Tribal Government.
    Number of Respondents: 0.
    Estimated Time Per Respondent: Varies from .02 to .17 hour.
    Total Burden Hours: 1.
    Total Annualized Capital/startup Costs: 0.
    Total Annual (operating/maintaining): 0.
    Description: The Occupational Safety and Health Act of 1970 (the 
Act) authorizes the promulgation of such health and safety standards as 
are necessary or appropriate to provide safe or healthful employment 
and places of employment. The statute specifically authorizes 
information collection by employers as necessary or appropriate for the 
enforcement of the Act or for developing information regarding the 
causes and prevention of occupational injuries, illnesses, and 
accidents.
    The collections of information contained in the Presence Sensing 
Device Initiation (PSDI) standard are considered essential for ensuring 
the safety of employees using presence sensing devices. The requirement 
for affixing test rod instructions label to the presence sensing 
device--1910.21(h)(10)(I)--enhances the proper and essential device 
testing. Because operator safety depends on the PSDI safety system, 
conforming with the equipment testing and checking requirements is 
absolutely essential for worker safety.
    The requirements for certification/validation 1910.217(h)(11)(I) 
through (vi), (13), and Appendices A and C--ensure that the design, 
installation, and ongoing maintenance of the safety system is 
objectively evaluated for conformance with all applicable requirements 
of the section. The section further requires notification of unplanned 
incidents such as component failures and accidents which could impair 
the continuing safety of the system. For employees, employers, OSHA 
compliance and consultation personnel, insurance authorities, and 
others involved to be able to recognize easily that the system meets 
OSHA standards, the press must be labeled to affirm validation/
certification. Submitting copies of accident reports to the validation 
organization is necessary to assure that the validation organization 
will have knowledge of field experience in this mode of press operation 
and will be able to incorporate any lessons learned from the accidents 
into the certification/validation program provisions.
    Because this rule permits a mode of operation which previously was 
prohibited, OSHA believes it is especially essential to verify that 
this method does not compromise worker safety. The certification/
validation program provides a method to ensure that the press and 
related equipment are properly arranged and that the installation does 
not become degraded over time. It should be noted that although OSHA 
uses the term ``certification'' for this process, it should not be 
confused with the use of the word as addressed in the Office of 
Management and Budget (OMB) implementing regulations for the Paperwork 
Reduction Act, to reflect a minimal information collection method. The 
word ``certification'' in this rulemaking is based on the American 
National Standard ANSI Z31.1.1.-1987, and is nationally recognized as 
describing a broad, comprehensive, well-defined program for ensuring 
product or material conformance with established standards.
    OSHA believes the burden for this information collection request is 
minimal as employers have not incurred any paperwork to comply with the 
standard because they have not elected to use PSDI features on their 
power presses. OSHA is requesting one hour approval from OMB in the 
event an employer may wish to use a PSDI, which will trigger the 
collection of information requirements.
    Agency: Mine Safety and Health Administration.
    Title: Refuse Piles and Impounding Structures, Recordkeeping and 
Reporting Requirements.
    OMB Number: 1219-0015 (Extension).
    Frequency: On Occasion.
    Affected Public: Business or other for-profit.
    Estimated Time Per Respondent: 128 hours.
    Number of Respondents: 12,768.
    Total Burden Hours: 96,688.
    Total Annualized Capital/startup Costs: 0.
    Total Annual (operating/maintaining): $0.
    Description: Requires coal mine operations submit to MSHA an annual 
status report and certification on impoundments and hazardous refuse 
piles; and to keep records of the results of weekly examinations and 
instrumentation monitoring impounds.

    Agency: Mine Safety and Health Administration.

[[Page 67139]]

    Title: Records of Tests and Examinations of Personnel Hoisting 
Equipment.
    OMB Number: 1219-0034 (extension).
    Frequency: On Occasion.
    Affected Public: Business or other for-profit.
    Number of Respondents: 360.
    Estimated Time Per Respondent: 96 hours.
    Total Burden Hours: 34,460.
    Total Annualized Capital/startup Costs: $0.
    Total Annual (operating/maintaining): $0.
    Description: Coal mine operators are required to test and inspect 
the personnel hoisting system to ensure that the system remains safe to 
operate. Any deficiencies found are to be recorded, corrected and, a 
record made and maintained for one year.
Todd R. Owen,
Departmental Clearance Officer.
[FR Doc. 98-32255 Filed 12-3-98; 8:45 am]
BILLING CODE 4510-26-M