[Federal Register Volume 67, Number 27 (Friday, February 8, 2002)]
[Notices]
[Pages 6053-6056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3110]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review; Comment Request

January 31, 2002.
    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. To obtain documentation 
contact Darring King on (202) 693-4129 or 
e-mail: [email protected].
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for OSHA, Office of Management and 
Budget, Room 10235, Washington, DC 20503 ((202) 395-7316), within 30 
days from the date of the 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

[[Page 6054]]

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.
    Type of Review: Extension of a currently approved collection.
    Agency: Occupational Safety and Health Administration (OSHA).
    Title: Subpart A (General Provisions) and Subpart B (Confined and 
Enclosed Spaces and Other Dangerous Atmospheres) of 29 CFR part 1915.
    OMB Number: 1218-0011.
    Affected Public: Business or other for-profit; Federal Government; 
and State, Local, or Tribal Government.
    Type of Response: Recordkeeping and Third-party disclosure.
    Frequency: On occasion and Daily.
    Number of Respondent: 300.
    Number of Annual Responses: 885,304.
    Estimated Time Per Response: Varies from two minutes to ten 
minutes.
    Total Burden Hours: 134,819.
    Total Annualized Capital/Startup Costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $0.
    Description: Subpart A, paragraph (b) of Sec. 1915.7 (``Competent 
Person'') specifies that employers must maintain a roster of designated 
competent persons (for inspecting and testing spaces covered by subpart 
B), or a statement that a marine chemist will perform these inspections 
and tests. Under paragraph (d) of this standard, employers must: Ensure 
that competent persons, marine chemists, and certified industrial 
hygienists make a record of each inspection and test they perform; post 
the record near the covered space while work is in progress; and file 
the record for a specified period. In addition, employers must make the 
roster or statement, and the inspection and test records, available to 
designated parties on request. Maintaining the required roster or 
statement as specified by paragraph (b) assures employees and OSHA that 
qualified competent persons are performing the inspections and tests. 
The recordkeeping requirement under paragraph (d) provides important 
information regarding the inspection and test results; this information 
allows employers to implement atmospheric controls and other safety 
procedures to furnish employees with a safe and healthful workplace, 
and permits employees and OSHA to determine the appropriateness of 
these controls and procedures.
    Subpart B consists of several standards governing employee entry 
into confined and enclosed spaces and other dangerous atmospheres. 
These standards require employers to: Warn employees not to enter 
hazardous spaces and other dangerous atmospheres; exchange information 
regarding hazards, safety rules, and emergency procedures concerning 
these spaces and atmospheres with other employers whose employees may 
enter these spaces and atmospheres; post signs prohibiting ignition 
sources within or near a space that contains bulk quantities of 
flammable or combustible liquids or gases; ensure that a marine chemist 
or a U.S. Coast Guard authorized person tests and certifies confined 
and enclosed spaces and other dangerous atmospheres before performing 
hot work in these spaces and atmospheres; post this certificate in the 
immediate vicinity of the hot-work operation while the operation is in 
progress; and retain the certificate on file for at least three months 
after completing the operation. These paperwork requirements regulate 
employee entry into confined and enclosed spaces and other dangerous 
atmospheres located in shipyards, thereby preventing death or serious 
injury and illness that may result from employee exposure to the 
explosive, combustible, and toxic hazards contained in these spaces.
    Type of Review: Extension of a currently approved collection.
    Agency: Occupational Safety and Health Administration (OSHA).
    Title: Cotton Dust--29 CFR 1910.1043.
    OMB Number: 1218-0061.
    Affected Public: Business or other for-profit; Federal Government; 
and State, Local, or Tribal Government.
    Type of Response: Recordkeeping and Third-party disclosure.
    Frequency: On occasion; Biennially; and Annually.
    Number of Respondents: 535.
    Number of Annual Responses: 234,477.
    Estimated Time Per Response: Varies from five minutes to maintain a 
required record to two hours to conduct exposure monitoring.
    Total Burden Hours: 74,267.
    Total Annualized Capital/Startup Costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $6,526,314.
    Description: The purpose of 29 CFR 1910.1043 and its information 
collection requirements to provide protection for employees from 
adverse health effects associated with occupation exposure to cotton 
dust. Employees must monitor exposure, keep employee exposure records 
within permissible exposure limits, provide employees with medical 
examinations and training, and maintain employee exposure-monitoring 
and medical records.
    Type of Review: Extension of a currently approved collection.
    Agency: Occupational Safety and Health Administration (OSHA).
    Title: Acrylonitrile Standards--29 CFR 1910.1045.
    OMB Number: 1218-0126.
    Affected Public: Business or other for-profit; Federal Government; 
and State, Local, or Trial Government.
    Type of Response: Recordkeeping, Reporting, and Third-party 
disclosure.
    Frequency: On occasion; Quarterly; Semiannually; and Annually.
    Number of Respondents: 23.
    Number of Annual Responses: 19,446.
    Estimated Time Per Response: Varies from five minutes to maintain 
employee exposure-monitoring and medical records to one and one-half 
hours for an employee to receive a medical examination.
    Total Burden Hours: 4,433.
    Total Annualized Capital/Startup Costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $222,765.
    Description: 29 CFR 1910.1045 requires employers to monitor 
employee exposure to acrylonitrile (AN), to provide medical 
surveillance, to train employees about the hazards of AN, and to 
establish and maintain records of employee exposure to AN. There 
records are used by employers, employees, physicians, and the 
Government to ensure that employees are not harmed by exposure to AN.
    Type of Review: Extension of a currently approved collection.
    Agency: Occupational Safety and Health Administration (OSHA).
    Title: Electrical Standard for Construction--29 CFR part 1926, 
subpart K.
    OMB Number: 1218-0130.
    Affected Public: Business or other for-profit; Federal Government; 
and State, Local, or Tribal Government.

[[Page 6055]]

    Type of Response: Recordkeeping and Third-party disclosure.
    Frequency: On occasion; Quarterly; Semi-annually; and Initially.
    Number of Respondents: 70,000.
    Number of Annual Responses: 2,829,582.
    Estimated Time Per Response: Varies from one minute to tag an 
electrical circuit or piece of equipment to one hour to develop a 
written Assured Equipment Grounding Conductor (AEGC) program.
    Total Burden Hours: 84,803.
    Total Annualized Capital/Startup Costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $933,333.
    Description: The Electrical Standards for Construction contain a 
number of paperwork requirements. The following sections describe these 
requirements in detail.
    Section 1926.404(b)(1)(iii) (``Wiring design and protection''). 
This paragraph requires construction employees who elect not to use 
ground-fault-circuit interrupters at a job site to establish and 
implement an assured-equipment grounding-conductor (AEGC) program. This 
program must cove cord sets, receptacles (that are not part of the 
building or structure), and equipment connected by cord and plug that 
employees use, or is available for their use, at construction sites. An 
employer must ensure that the AEGC program has a written description of 
the program, including the specific procedures adopted by the employer, 
available at the job site for review and copying by OSHA compliance 
offices and any affected employee, and has at least one competent 
person, designated by employer, to implement the program. Prior to use, 
the employer also must visually inspect, for external defects (e.g., 
missing or deformed pins, insulation damage) and possible internal 
damage, each cord set, attachment cap, plug and receptacle of cord 
sets, and any equipment connected by cord and plug (except fixed cord 
sets and receptacles not exposed to damage); the employer must repair 
any damaged or defective equipment prior to use by an employee.
    Under the AEGC program, the employer must test all cord sets, 
receptacles that are not part of the permanent wiring of the building 
or structure, and cord- and plug-connected equipment that require 
grounding. Accordingly, employers must test each equipment-grounding 
connector for continuity and ensure that it is electrically continuous, 
and test each receptacle and attachment cap or plug for correct 
attachment of the equipment-grounding conductor, and ensure that the 
conductor connects to the proper terminal. Employers are to perform 
these tests before; First using the equipment; returning the equipment 
to service following repair; and using equipment after any incident 
that the employer reasonably suspects damaged the equipment. In 
addition, an employer must conduct testing at least every three months, 
except for fixed cord sets and receptacles not exposed to damage, which 
employers must test at least every six months. Employers must also 
record the tests, including the identity of each receptacle, cord set, 
and cord- and plug-connected equipment that passed the test, and the 
previous testing date or the interval covered by the last test. The 
employer is to maintain these records using logs, color coding, or 
other effective means until replaced by the next record, and make them 
available at the job site for inspection by OSHA compliance officers 
and affected employees.
    The purpose of the AEGC program is to detect and correct faults in 
grounding conductors before a high-voltage accident occurs. Grounding 
conductors often fail because of the rough use they receive at 
construction sites, and such failure results in improperly grounded 
equipment; employees who then use the improperly grounded equipment are 
at risk for death or injury caused by high-voltage electrical shock. 
The written program identifies the equipment that the competent person 
must inspect and test, and delineates the procedures they are to use 
while inspecting and testing the equipment for grounding faults. Making 
the written program available for review and copying by OSHA compliance 
officers and affected employees ensures that the program covers the 
required equipment currently used at the work site, and that the 
competent person is following appropriate procedures during inspection 
and testing. Recording the test results informs OSHA compliance 
officers and affected employees that the competent person tested the 
required equipment, and whether or not this equipment is safe to use.
    Sections 1926.403(i)(2)(ii) (``General requirements [for 
installation safety requirements]''); .404(d)(2)(ii) (``Wiring design 
and protection''); .405(h) (``Wiring methods components, and equipment 
for general use''); .408(a)(2)(iii) and (a)(3)(i) (``Special 
systems''); and .416(a)(3) (``General requirements [for safety-related 
work practices]''). These provisions require employers to warn 
employees of hazardous electrical conditions, including:
     Sec. 1926.403(i)(2)(iii). Mark the entrances to rooms and 
other guarded locations containing exposed live parts with conspicuous 
warning signs that forbid unqualified employees from entering.
     Sec. 1926.403(i)(2)(iii). Post warning signs if 
unauthorized employees may come in contact with live parts.
     Sec. 1926.405(h). Mark termination enclosures for portable 
cable over 600 volts (nominal) with a high-voltage hazard warning.
     Section 1926.408(a)(2)(iii). Provide a means to completely 
isolate equipment for inspection and repairs. Accordingly, employers 
must ensure that means of isolation not designed to interrupt the load 
current of the circuit either are capable of interlocking with a 
circuit interrupter or they must post a sign warning against opening 
the means under load.
     Section 1926.408(a)(3)(i). Provide a metallic structure on 
mobile or portable equipment for enclosing the terminals of the power 
cables, and mark the structure with a sign warning that the structure 
contains energized parts.
     Section 1926.416(a)(3). Before starting work, determine 
whether or not an employee, tool, or machine may come into physical or 
electrical contact with an energized electric power circuit, whether 
exposed or concealed. If so, the employer must post and maintain proper 
warning signs where such circuits exist, and advise employees of the 
location of such circuits, the hazards involved, and the protective 
measures they are to take.
    These warning signs and marks alert unqualified and unauthorized 
employees to the presence of electrical hazards, and notify 
electricians of the need to exercise caution and to take other measures 
to protect themselves when they are near electrical hazards. Therefore, 
these paperwork requirements prevent death and serious injury among 
these employees that may result from inadvertent contact with high-
voltage electrical hazards.
    Section 1926.417(a), (b), and (c) (``Lockout and tagging of 
circuits''). These paragraphs require that employers tag deactivated 
controls to energized or deenergized circuits and equipment while 
employees are working on them. In addition, employers are to render 
deenergized equipment and circuits inoperative, and attach tags at 
points that control the release of energy to the deenergized circuits 
and equipment; these tags must plainly identify these circuits and 
equipment. The required tags warn

[[Page 6056]]

others not to reengerize, or activate the controls to, circuits and 
equipment on which an employee is working. Accordingly, the tags 
prevent death and serious injury to these employees caused by high-
voltage electrical shock, or by operation of the equipment.
    Type of Review: Extension of a currently approved collection.
    Agency: Occupational Safety and Health Administration (OSHA).
    Title: Presence Sensing Device Initiation (PSDI)--29 CFR 
1910.217(h).
    OMB Number: 1218-0143.
    Affected Public: Business or other for-profit; Federal Government; 
and State, Local, or Tribal Government.
    Type of Response: Recordkeeping and Third-party Disclosure.
    Frequency: On occasion, Annually, and Initially.
    Number of Respondents: 0.
    Number of Annual Responses: 0.
    Estimated Time Per Response: 0.
    Total Burden Hours: 1.
    Total Annualized Capital/Startup Costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $0.
    Description: A number of paragraphs in OSHA's Standard on Presence 
Sensing Device Initiation (PSDI) (29 CFR 1910.217(h)) (the 
``Standard'') contain paperwork requirements. These requirements 
include: Certifying brake-monitor adjustments, alternatives to 
photoelectric PSDs, safety-system design and installation, and employee 
training; annual recertification of safety systems; establishing and 
maintaining the original certification and validation records, as well 
as the most recent recertification and revalidation records; affixing 
labels to test rods and to certified and recertified presses; and 
notifying an OSHA-recognized third-party validation organization when a 
safety system component fails, the employer modifies the safety system, 
or a point-of-operation injury occurs. In addition, Appendix A of 
Sec. 1910.217 provides detailed information and procedures required to 
meet the certification/validation provisions, as well as the design 
requirements, contained in the Standard. Accordingly, Appendix A 
supplements and explains the certification/validation provisions of the 
PSDI Standard, and does not specify new or additional paperwork 
requirements for employers. Appendix C Sec. 1910.217 describes the 
requirements and procedures for obtaining OSHA recognition as a third-
party validation organization; therefore, the paperwork requirements 
specified by this appendix do not impose burden hours or cost directly 
on employers who use PSDs.
    By complying with these paperwork requirements, employers ensure 
that PSDI-equipped mechanical power presses are in safe working order, 
thereby preventing severe injury and death to press operators and other 
employees who work near this equipment. In addition, these records 
provide the most efficient means for an OSHA compliance officer to 
determine that an employer performed the requirements and that the 
equipment is safe.
    OSHA is proposing to extend OMB approval of the information-
collection requirements specified by the Standard even though the 
Agency can attribute no burden hours and cost to these requirements. In 
previous ICRs, OSHA estimated that each year employers would convert 
1,988 mechanical presses to PSDI operation, and that manufacturers 
would produce an additional 250 new presses using PSDI (for an annual 
total of 2,238 presses). However, to date, no such presses appear to be 
in use, either because employers selected other stroke-control devices 
for mechanical power presses, or because no third-party organization is 
available to validate employer manufacturer certifications that their 
PSDI equipment and practices meet the requirements of the Standard. 
Therefore, the Standard does not currently affect any known employer; 
accordingly, the paperwork requirements currently result in no burden 
hours or cost to employers.
    The Agency believes that efforts by the American National Standards 
Institute (ANSI) to develop a national consensus standard for PSDI may 
increase use of these devices in the near future. The metal-forming 
industry, which is working with ANSI on developing the national 
consensus standard, requested that Agency to retain the Standard. 
Therefore, OSHA is proposing that OMB extend its approval of the 
information-collection requirements specified by the Standard so that 
the Agency can enforce these requirements if employers begin using 
PSDI.
    Type of Review: Extension of a currently approved collection.
    Agency: Occupational Safety and Health Administration (OSHA).
    Title: 4,4'-Methylenedianline (MDA) Construction Standard.
    OMB Number: 1218-0183.
    Affected Public: Business or other for-profit; Federal Government; 
and State, Local, or Tribal Government.
    Type of Response: Recordkeeping and Third-party Disclosure.
    Frequency: On occasion; Quarterly; Semi-annually; and Annually.
    Number of Respondents: 66.
    Number of Annual Responses: 3,962.
    Estimated Time Per Response: Varies from five minutes to provide 
information to the examining physician to two hours to perform exposure 
monitoring.
    Total Burden Hours: 1,609.
    Total Annualized Capital/Startup Costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $80,400.
    Description: 29 CFR 1926.60 provides protection for employees from 
adverse health effects associated with occupational exposure to MDA. 
Employers must monitor exposure, keep employee exposures within the 
permissible exposure limits, provide employees with medical 
examinations and training, and establish and maintain exposure-
monitoring and medical records.
    Type of Review: Extension of a currently approved collection.
    Agency: Occupational Safety and Health Administration (OSHA).
    Title: 4,4'-Methylenedianline (MDA) General Industry Standard.
    OMB Number: 1218-0184.
    Affected Public: Business or other for-profit; Federal Government; 
and State, Local, or Tribal Government.
    Type of Response: Recordkeeping and Third-party Disclosure.
    Frequency: On occasion; Quarterly; Semi-annually; and Annually.
    Number of Respondents: 15.
    Number of Annual Responses: 785.
    Estimated Time Per Response: Varies from five minutes to provide 
information to the examining physician to two hours to perform exposure 
monitoring.
    Total Burden Hours: 394.
    Total Annualized Capital/Startup Costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $26,300.
    Description:The purpose of 29 CFR 1910.1050 and its information 
collection requirements is to provide protection for employees from 
adverse health effects associated with occupational exposure to MDA. 
Employers must monitor exposure, keep employee exposures within the 
permissible exposure limits, provide employees with medical 
examinations and training, and establish and maintain employee 
exposure-monitoring and medical records.

Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 02-3110 Filed 2-7-02; 8:45 am]
BILLING CODE 4510-26-M