[Federal Register Volume 66, Number 132 (Tuesday, July 10, 2001)]
[Notices]
[Pages 36001-36002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17222]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0054(2001)]


Cranes and Derricks Standard for Construction: Recording Tests 
for Toxic Gases and Oxygen-Deficient Atmospheres in Enclosed Spaces; 
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 public comment concerning its request to 
decrease the existing burden-hour estimates for, and to extend OMB 
approval of, the collection-of-information requirements specified by 
paragraph (a)(11) of the Cranes and Derricks Standard for Construction 
(29 CFR 1926.550). If a crane or derrick powered by an internal-
combustion engine is exhausting into an enclosed space that employees 
occupy or will occupy, this paragraph requires employers to record 
tests made of the breathing air in the space to ensure that adequate 
oxygen is available and that concentrations of toxic gases are at safe 
levels.

DATE: Submit written comments on or before September 10, 2001.

ADDRESSES: Submit written comments to the Docket Office, Docket No. 
ICR-1218-0054(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 paragraph (a)(11) of OSHA's Cranes and Derricks

[[Page 36002]]

Standard for Construction (Sec. 1926.550) 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.
    Paragraph (a)(11) of OSHA's Cranes and Derricks Standard for 
Construction (Sec. 1926.550) addresses conditions in which a crane or 
derrick powered by an internal-combustion engine is exhausting into an 
enclosed space that employees occupy or will occupy. Under these 
conditions, employers must record tests made of the breathing air in 
the space to ensure that adequate oxygen is available and that 
concentrations of toxic gases are at safe levels.
    Establishing a test record allows employers to document oxygen 
levels and specific atmospheric contaminants, ascertain the 
effectiveness of controls, implement additional controls if necessary, 
and readily provide this information to other crews and shifts who may 
work in the enclosed space. Accordingly, employers will prevent serious 
injury and death to equipment operators and other employees who use or 
work near this equipment in an enclosed space. In addition, these 
records provide the most efficient means for an OSHA compliance officer 
to determine that an employer performed the required tests and 
implemented appropriate controls.

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 paragraph (a)(11) of 
Sec. 1926.550. Accordingly, the Agency is requesting to decrease the 
current burden-hour estimate from 99 hours to 97 hours, a total 
reduction of 2 hours. This reduction occurred because OSHA decreased 
the burden hours previously required for employers to inform OSHA 
compliance officers, during an inspection, of the location of the test 
records; the Agency now accounts for these burden hours under 
Sec. 1910.1020 (OMB Control No. 1218-0065).
    The Agency will summarize the comments submitted in response to 
this notice. OSHA will then include this summary in its request to OMB 
to decrease the existing burden-hour estimates for, and to extend 
approval of, this information-collection requirement.
    Type of Review: Extension of currently approved information-
collection requirement.
    Title: Cranes and Derricks Standard for Construction: Recording 
Tests for Toxic Gases and Oxygen-Deficient Atmospheres in Enclosed 
Spaces.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; State, local, or tribal governments.
    Number of Respondents: 50 (enclosed spaces).
    Frequency of Response: On occasion.
    Average Time per Response: 2 minutes (.03 hour) to perform 
atmospheric testing and record the results.
    Estimated Total Burden Hours: 97 hours.
    Estimated Cost (Operation and Maintenance): $9,000.

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 July 3, 2001.
R. Davis Layne,
Acting Assistant Secretary of Labor.
[FR Doc. 01-17222 Filed 7-9-01; 8:45 am]
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