[Federal Register Volume 66, Number 169 (Thursday, August 30, 2001)]
[Notices]
[Pages 45868-45870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21959]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0067(2001)]


Underground Construction Standard; Extension of the Office of 
Management and Budget's (OMB) Approval of Information-Collection 
(Paperwork) Requirements

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

ACTION: Request for public comment.

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SUMMARY: OSHA solicits comments concerning its request to increase the 
total burden-hour estimate for, and to extend OMB approval of, the 
collection-of-information requirements specified by the Underground 
Construction Standard (Sec. 1926.800).\1\ This standard contains 
information-collection requirements for posting warning signs and 
notices, certifying inspection records for hoists, and developing and 
maintaining records for air-quality tests.
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    \1\ Based on its assessment of the paperwork requirements 
contained in this standard, the Agency estimates that the total 
burden hours increased compared to its previous burden-hour 
estimate. Under this Notice, OSHA is not proposing to revise these 
paperwork requirements in any substantive manner, only to increase 
the burden hours imposed by the existing paperwork requirements.

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DATES: Submit written comments on or before October 29, 2001.

ADDRESSES: Submit written comments to the Docket Office, Docket No. 
ICR-1218-0067(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 the Underground Construction Standard 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

[[Page 45869]]

OSHA's estimate of the information-collection burden is correct.
    Posting warning signs or notices. Seven paragraphs in the 
Underground Construction Standard (``the Standard'') require employers 
to post warning signs or notices during underground construction; these 
paragraphs are (b)(3), (i)(3), (j)(1)(vi)(A), (m)(2)(ii), (o)(2), 
(q)(11), and (t)(1)(iv)(B). The warning signs and notices required by 
these paragraphs enable employers to effectively alert employees to the 
presence of hazards or potential hazards at the job site, thereby 
preventing employee exposure to hazards or potential hazards associated 
with underground construction that could kill or seriously injure them.
    Certifying inspection records for hoists. Paragraph (t)(xxi) of the 
Standard requires employers to inspect and load test hoists when they 
install them, and at least annually thereafter, they must also inspect 
and load test a hoist after making any repairs or alterations to it 
that affect its structural integrity, and after tripping a safety 
device on the hoist. Employers must also prepare a certification record 
of each inspection and load test that includes specified information, 
and maintain the most recent certification record until they complete 
the construction project.
    Establishing and maintaining a written record of the most recent 
inspection and load test alerts equipment mechanics to problems 
identified during the inspection. Prior to returning the equipment to 
service, employers can review the records to ensure that the mechanics 
performed the necessary repairs and maintenance. Accordingly, by using 
only equipment that is in safe working order, employers will prevent 
severe injury and death to the equipment operators and other employees 
who work near the equipment. In addition, these records provide the 
most efficient means for OSHA compliance officers to determine that an 
employer performed the required inspections and load tests, thereby 
assuring that the equipment is safe to operate.
    Developing and maintaining records for air-quality tests. Paragraph 
(j)(3) of the Standard mandates that employers develop records for air-
quality tests performed under paragraph (j), including air-quality 
tests required by paragraphs (j)(1)(ii)(A) through (j)(1)(iii)(A), 
(j)(1)(iii)(B), (j)(1)(iii)(C), (j)(1)(iii)(D), (j)(1)(iv), 
(j)(1)(v)(A), (j)(1)(v)(B), and (j)(2)(i) through (j)(2)(v). Paragraph 
(j) also requires that air-quality records include specified 
information, and that employers maintain the records until the 
underground-construction project is complete; they must also make the 
records available to OSHA compliance officers on request.
    Maintaining records of air-quality tests allows employers to 
document atmospheric hazards, and to ascertain the effectiveness of 
controls (especially ventilation) and implement additional controls if 
necessary. Accordingly, these requirements prevent serious injury and 
death to employees who work on underground-construction projects. In 
addition, these records provide an efficient means for employees to 
evaluate the accuracy and effectiveness of an employer's exposure-
reduction program, and for OSHA compliance officers to determine that 
employers 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.
    In addition, the Agency is seeking comments addressing similar 
issues with regard to the paperwork requirements contained in the 
paragraphs listed below; OSHA plans to include the paperwork 
requirements specified by these paragraphs in the final ICR for 
Sec. 1926.800. Accordingly, the Agency requests comments on the 
following issues for each of these paragraphs: Whether the paperwork 
requirement specified by the paragraph is necessary for the proper 
performance of the Agency's functions, including whether the 
information is useful; estimates of the burden (time and costs) of the 
paperwork requirement; 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).
     (c)--Maintain a check-in/check-out procedure.
     (d)--Instruct employees to recognize and avoid hazards.
     (e)(1)--Inform oncoming shifts of hazards.
     (e)(2)--Employers must establish and maintain direct 
communications with other employers.
     (j)(1)(v)(C)--Inform employees when hydrogen sulfide 
concentrations exceed 10 ppm.
     (q)(6)--Warn employees on jumbo decks whenever drilling is 
about to begin.
     (t)(iii)--Assign load and speed ratings to hoists used for 
both personnel and material hoisting.

III. Proposed Actions

    OSHA is requesting an increase in the existing burden-hour estimate 
for, as well as an extension of OMB approval of, the paperwork 
requirements specified by the Standard. In this regard, the Agency is 
requesting to increase the current burden-hour estimate from 8,357 
hours to 57,479 hours, a total increase of 49,122 hours. This increase 
largely occurred because OSHA increased the estimated number of air-
quality tests conducted and the frequency for calibrating air-quality 
testing monitors. 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 requirement.
    Title: Underground Construction.
    OMB Number: 1218-0067.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; State, local, or tribal governments.
    Number of Respondents: 323.
    Frequency of Response: Varies from recording air-quality tests 
twice per shift to posting a warning sign or notice once every two 
years.
    Average Time per Response: Varies from 30 seconds to read and 
record air-quality test results to one hour to inspect, load test, and 
complete and maintain a certification record for a hoist.
    Estimated Total Burden Hours: 57,479.
    Estimated Cost (Operation and Maintenance): $117,000.

IV. Authority and Signature

    John L. Henshaw, 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

[[Page 45870]]

Labor's Order No. 3-2000 (65 FR 50017).

    Signed at Washington, DC, on August 27, 2001.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 01-21959 Filed 8-29-01; 8:45 am]
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