[Federal Register Volume 69, Number 166 (Friday, August 27, 2004)]
[Notices]
[Pages 52734-52735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19630]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0003 (2004)]


Gear Certification 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 comment.

-----------------------------------------------------------------------

SUMMARY: OSHA solicits comments concerning its proposal to extend OMB 
approval of the Information Collection Requirements contained in the 
Gear Certification Standard (29 CFR part 1919). These maritime 
regulations require employers to have an OSHA 71 Form issued for 
equipment found to be in a safe condition and the OSHA 72 Form issued 
to equipment that is unsafe. These forms are issued by third parties 
who have applied to OSHA, on the OSHA 70 Form, for accreditation to 
certify gear used in maritime employment.

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received) 
by October 26, 2004.
    Facsimile and electronic transmission: Your comments must be 
received by October 26, 2004.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0003 (2004), by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number 
is (877) 889-5627). OSHA Docket Office and Department of Labor hours 
are 8:15 a.m. to 4:45 p.m., ET.
    Facsimile: If your comments are 10 pages or fewer in length, 
including attachments, you may fax them to the OSHA Docket Office at 
(202) 693-1648.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov. Follow instructions on the OSHA Web page for 
submitting comments.
    Docket: For access to the docket to read or download comments or 
background materials, such as the complete Information Collection 
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and 
attachments), go to OSHA's Web page at http://www.OSHA.gov. Comments, 
submissions, and the ICR are available for inspection and copying at 
the OSHA Docket Office at the address above. You may also contact Theda 
Kenney at the address below to obtain a copy of the ICR.
    (For additional information on submitting comments, please see the 
``Public Participation'' heading in the SUPPLEMENTARY INFORMATION 
section of this document.)

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate 
of Standards and Guidance, OSHA, Room N-3609, U.S. Department of Labor, 
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 
693-2222.

SUPPLEMENTARY INFORMATION:

I. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments and supporting materials in response to 
this notice by (1) hard copy, (2) fax transmission (facsimile), or (3) 
electronically through the OSHA Web page. Because of security related 
problems, there may be a significant delay in the receipt of comments 
by regular mail. Please contact the OSHA Docket Office at (202) 2693-
2350 (TTY (877) 889-5627) for information about security procedures 
concerning the delivery of materials by express delivery, hand delivery 
and messenger service.
    All comments, submissions and background documents are available 
for inspection and copying at the OSHA Docket Office at the above 
address. Comments and submissions posted on OSHA's Web page are 
available at http://www.OSHA.gov. Contact the

[[Page 52735]]

OSHA Docket Office for information about materials not available 
through the OSHA Web page and for assistance using the Web page to 
locate docket submissions.
    Electronic copies of this Federal Register notice as well as other 
relevant documents are available on OSHA's Web page.

II. 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 costs) is minimal, collection instruments 
are clearly understood, and OSHA's estimate of the information 
collection burden is accurate. The Occupational safety and Health Act 
of 1970 (the Act) (29 U.S.C. 651 et seq.) authorizes information to 
collection by employees as necessary or appropriate or enforcement of 
the Act or for developing information regarding the causes and 
prevention of occupational inquiries, illnesses, and accidents (28 
U.S.C. 657).
    The OSHA 70 Form is used by applicants seeking accreditation from 
OSHA to be able to test or examine certain equipment and material 
handling devices, as required under the maritime regulations, part 1917 
(Marine Terminals), and part 1918 (Longshoring). The OSHA 70 Form 
application for accreditation provides an easy means for companies to 
apply for accreditation.
    The OSHA 71 Form is required to be issued by the those accredited 
by OSHA to employers in the maritime industry to make known that 
certain equipment and material handling devices are safe to use of 
operate. The OSHA 72 Form is required to be issued by those accredited 
by OSHA to employers in the maritime industry when the equipment or 
material handling device is found to be unsafe to use.
    The collection of the information needed to complete these forms is 
necessary to provide an affective and efficient means of enabling 
employers and employees to determine if cargo gear, equipment and/or 
other material handling devices are safe to use.

III. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     OSHA has a particular interest in comments on the 
following times.
     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 
costs) of the information-collection requirements, including the 
validity of the methodology and improvement 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.

IV. Proposed Actions

    OSHA is proposing to extend the information collection requirements 
in the Gear Certification Standard (29 CFR part 1919). The Agency will 
summarize the comments submitted in response to this notice and will 
include this summary in its request to OMB to extend the approval of 
these information collection requirements contained in the Standard.
    Type of Review: Extension of currently approved information 
collection requirements.
    Title: Gear Certification (29 CFR part 1919).
    OMB Number: 1218-0003.
    Affected Public: Business or other for-profit, not-for-profit 
institutions; Federal government; State, local, or Tribal governments.
    Number of Respondents: 80.
    Frequency of Response: On occasion, annually; quadrenially.
    Total Responses: 82.
    Average Time per Response: Varies from 2 minutes (.03 hour) for a 
supervisor to disclose forms to an OSHA Compliance Officer during an 
inspection to 45 minutes (.75 hour) for an accredited agency to 
complete the OSHA 70 Form.
    Estimated Total Burden Hours: 61.
    Estimated Cost (Operation and Maintenance): $1,452,000.

V. Authority and Signature

    John L. Henshaw, Assistant Secretary of the 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 et seq.) and Secretary of Labor's Order No, 5-2002 (67 FR 
65008).

    Signed at Washington, DC, on August 23, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-19630 Filed 8-26-04; 8:45 am]
BILLING CODE 4510-26-M