[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Notices]
[Pages 29598-29599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13689]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0137(2001)]


``Excavations''; Extension of the Office of Management of 
Budget's (OMB) Approval of Information-Collection (Paperwork) 
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of an opportunity for public comment.

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SUMMARY: OSHA solicits comments concerning its request to decrease the 
existing burden-hour estimates for, and to extend OMB approval of, the 
collection-of-information requirements specified by 29 CFR 1926, 
subpart P (``Excavations''). This subpart specifies several 
requirements for designing protective systems (i.e., sloping, benching, 
support, and shield systems) that prevent cave-ins during excavation 
work.

DATES: Submit written comments on or before July 30, 2001.

ADDRESSES: Submit written comments to the Docket Office, Docket No. 
ICR-1218-0137(2001), OSHA, U.S. Department of Labor, Room N-2625, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2350. Commenters may transmit written comments of 10 pages or less by 
facsimile to (202) 693-1648.

FOR FURTHER INFORMATION CONTACT: Kathleen M. Martinez, Directorate of 
Policy, Office of Regulatory Analysis, OSHA, U.S. Department of Labor, 
Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; 
telephone (202) 693-1953. A copy of the Agency's Information-Collection 
Request (``ICR'') supporting the need for the information collections 
specified by 29 CFR 1926, subpart P is available for inspection and 
copying in the Docket Office or by requesting a copy from Todd Owen at 
(202) 693-2444. For electronic copies of the ICR contact OSHA on the 
Internet at http://www.osha.gov/comp-links.html and select 
``Information Collection Requests.''

SUPPLEMENTARY INFORMATION:

I. Background

    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, reporting burden (time and cost) 
is minimal, collection instruments are understandable, and OSHA's 
estimate of the information-collection burden is correct. The 
Occupational Safety and Health Act of the 1970 (the Act) 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 
accidents (29 U.S.C. 657).
    Paragraphs (b) and (c) of Sec. 1926.652 (``Requirements for 
Protective Systems''; the ``Standard'') contain the only paperwork 
requirements in 29 CFR 1926, subpart P that impose burden hours or 
costs on employers as specified by PRA-95.\1\ These paragraphs require 
employers to use protective systems to prevent cave-ins during 
excavation work; these systems include sloping the side of the trench, 
benching the soil away from the excavation, or using a support system 
or shield (such as a trench box). The Standard specifies allowable 
configurations and slopes for excavations, and provides appendices to 
assist employers in designing protective systems. However, paragraphs 
(b)(3) and (b)(4) of the Standard permit employers to design sloping or 
benching systems based on tabulated data (Option 1), or to use a design 
approved by a registered professional engineer (Option 2).
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    \1\ Paragraph (b)(2) of Sec. 1926.651 (``Specific Excavation 
Requirements'') requires that employers, before excavating, request 
local utility companies to locate underground utility installations. 
However, the agency considers such a request to be a usual and 
customary business practice and, therefore, excluded from coverage 
under PRA-95.
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    Under Option 1, employers must provide the tabulated data in a 
written form that also identifies the registered professional engineer 
who approved the data and the parameters used to select the sloping or 
benching system drawn from the data, as well as the limitations of the 
data (including the magnitude and configuration of slopes determined to 
be safe); the document must also provide any explanatory information 
necessary to select the correct sloping or benching system based on the 
data. Option 2 requires employers to develop a written design approved 
by a registered professional engineer. The design information must 
include the magnitude and configuration of the slopes determined to be 
safe, and the identity of the registered professional engineer who 
approved the design.
    Paragraphs (c)(2), (c)(3), and (c)(4) allow employers to design 
support

[[Page 29599]]

systems, shield systems, and other protective systems based on 
tabulated data provided by a system manufacturer (Option 3) or obtained 
from other sources and approved by a registered professional engineer 
(Option 4); they can also use a design approved by a registered 
professional engineer (Option 5). If they select Option 3, employers 
must complete a written form that provides the manufacturer's 
specifications, recommendations, and limitations, as well as any 
deviations approved by the manufacturer. The paperwork requirements of 
Option 4 are the same as Option 1. Option 5 requires a written form 
that provides a plan indicating the sizes, types, and configurations of 
the materials used in the protective system and the identity of the 
registered professional engineer who approved the design.
    Each of these provisions requires employers to maintain a copy of 
the documents described in these options at the jobsite during 
construction. After construction is complete, employers may store the 
documents offsite provided they make them available to an OSHA 
compliance officer on request. These documents provide both the 
employer and the compliance officer with information needed to 
determine if the selection and design of a protection system are 
appropriate to the excavation work, thereby assuring employees of 
maximum protection against cave-ins.

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 
cost) 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

    OSHA is requesting a decrease in the existing burden-hour estimate 
for, as well as an extension of OMB approval of, the collection-of-
information requirements specified by the Standard. Accordingly, the 
Agency is requesting to decrease the current burden-hour estimate from 
20,080 hours to 20,011 hours, a total reduction of 69 hours. This 
reduction occurred because OSHA decreased the estimated number of 
inspections that it will conduct during each year covered by the ICR. 
The Agency will summarize the comments submitted in response to this 
notice, and will include this summary in its request to OMB to extend 
its approval of these information-collection requirements.
    Type of Review: Extension of currently approved information-
collection requirements.
    Title: Excavations.
    OMB Number: 1218-0137.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; State, local or tribal governments.
    Number of Respondents: 10,000.
    Frequency of Response: Occasionally.
    Average Time per Response: 2 hours to obtain design information.
    Estimated Total Burden Hours: 20,011.
    Estimated Cost (Operation and Maintenance): $405,563.

IV. Authority and Signature

    R. Davis Layne, Acting 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) and Secretary of Labor's Order No.
3-2000 (65 FR 50017).

    Signed at Washington, DC on May 25, 2001.
R. Davis Layne,
Acting Assistant Secretary of Labor.
[FR Doc. 01-13689 Filed 5-30-01; 8:45 am]
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