[Federal Register Volume 72, Number 240 (Friday, December 14, 2007)]
[Notices]
[Pages 71161-71162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24209]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0085]


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 public comment concerning its proposal to extend 
OMB approval of the information collection requirements specified in 
the Underground Construction Standard (29 CFR 1926.800).

DATES: Comments must be submitted (postmarked, sent, or received) by 
February 12, 2008.

ADDRESSES: Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit three copies of your comments 
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-
0085, U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, 
DC 20210. Deliveries (hand, express mail, messenger, and courier 
service) are accepted during the Department of Labor's and Docket 
Office's normal business hours, 8:15 a.m. to 4:45 p.m., ET.
    Instructions: All submissions must include the Agency name and OSHA 
docket number for the ICR (OSHA-2007-0085). All comments, including any 
personal information you provide, are placed in the public docket 
without change, and may be made available online at http://www.regulations.gov. For further information on submitting comments see 
the ``Public Participation'' heading in the section of this notice 
titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket (including this Federal 
Register notice) are listed in the http://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Stewart 
Burkhammer at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Stewart Burkhammer, Directorate of 
Construction, OSHA, U.S. Department of Labor, Room N-3468, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2020.

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 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 OSH Act) (29 U.S.C. 651 et seq.) 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). The OSH Act also requires that OSHA obtain such 
information with minimum burden upon employers, especially those 
operating small businesses, and to reduce to the maximum extent 
feasible unnecessary duplication of efforts in obtaining information 
(29 U.S.C. 657).
    Posting warning signs or notices. Seven paragraphs in the 
Underground Construction Standard (``the Standard''), 29 CFR 1926.800, 
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 cause death 
or serious harm.
    Certification of inspection records for hoists. Paragraph 
(t)(3)(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).

[[Page 71162]]

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 
costs) 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 that OMB extend its approval of the information 
collection requirements contained in the Underground Construction 
Standard (29 CFR 1926.800). The Agency is requesting to retain its 
current burden hour total of 57,949 hours associated with this 
Standard. The Agency will summarize the comments submitted in response 
to this notice and will include this summary in the request to OMB.
    Type of Review: Extension of currently approved information 
collection requirements.
    Title: Underground Construction Standard (29 CFR 1926.800).
    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.
    Average Time per Response: Varies from 2 minutes (.03 hour) to post 
emergency numbers to 15 minutes (.25 hour) to develop and post load 
limits for floors.
    Estimated Total Burden Hours: 57,949.
    Estimated Cost. (Operation and Maintenance): $0.

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

    You may submit comments in response to this document as follows: 
(1) Electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All 
comments, attachments, and other material must identify the Agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2007-0085). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or facsimile submission, you must submit them to the 
OSHA Docket Office (see the section of this notice titled ADDRESSES). 
The additional materials must clearly identify your electronic comments 
by your name, date, and the docket number so the Agency can attach them 
to your comments.
    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments. For information about 
security procedures concerning the delivery of materials by hand, 
express delivery, messenger, or courier service, please contact the 
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office.
    Information on using the http://www.regulations.gov website to 
submit comments and access the docket is available at the website's 
``User Tips'' link. Contact the OSHA Docket Office for information 
about materials not available through the Web site, and for assistance 
in using the Internet to locate docket submissions.

V. Authority and Signature

    Edwin G. Foulke, Jr., 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 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR 
31159).

    Signed at Washington, DC, on December 10, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E7-24209 Filed 12-13-07; 8:45 am]
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