[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Notices]
[Pages 8406-8407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3740]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0045]


Aerial Lifts; Extension of the Office of Management and Budget's 
(OMB) Approval of an Information Collection (Paperwork) Requirement.

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

ACTION: Request for public comment.

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SUMMARY: OSHA solicits public comments concerning its proposal to 
extend OMB approval of the information collection requirement contained 
in the Aerial Lift Standard. Employers who modify an aerial lift for 
uses other than those provided by the manufacturer must obtain a 
certificate from the manufacturer or equivalent entity certifying that 
the modification is in conformance with applicable American National 
Standards Institute (ANSI) standards and this Standard, and the 
equipment is as safe as it was prior to the modification.

DATES: Comments must be submitted (postmarked, sent, or received) by 
April 26, 2010.

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, Docket No. OSHA-2009-0045, 
U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution Ave., 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., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number for the information Collection Request (ICR) (OSHA-2009-
0045). 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 to 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 website. All 
submissions, including copyrighted material, are available for 
inspection and copying at the OSHA Docket Office. You may contact Todd 
Owen or Theda Kenney at the address below to obtain a copy of the 
Information Collection Request (ICR).

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

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 (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 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 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 certification requirement specified in the Aerial Lifts 
Standard demonstrates that the manufacturer or an equally-qualified 
entity has assessed a modified aerial lift and found that it was safe 
for use by, or near, workers; and that it would provide workers with a 
level of protection at least equivalent to the protection afforded by 
the lift prior to modification.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirement is 
necessary for the proper performance of the Agency's functions to 
protect workers, including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and 
costs) of the information collection requirement, 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 requirement in the Aerial Lifts Standard (29 CFR 
1926.453(a)(2)). OSHA proposes to retain its current burden hour 
estimate of 6 hours. The certification requirement specified in the 
Aerial Lifts Standard demonstrates that the manufacturer or an equally-

[[Page 8407]]

qualified entity has assessed a modified aerial lift and found that it 
was safe for use by workers.
    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 a currently approved information 
collection.
    Title: Manufacturer's Certification of Aerial Lifts in Construction 
(29 CFR 1926.453).
    OMB Number: 1218-0216.
    Affected Public: Business or other for-profits.
    Number of Respondents: 62.
    Frequency of Response: On occasion.
    Average Time per Response: 6 minutes (0.10 hour).
    Estimated Total Burden Hours: 6 hours.
    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-2009-0045). 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 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. 
Information on using the http://www.regulations.gov Web site to submit 
comments and access the docket is available at the Web site'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

    David Michaels, PhD, MPH, 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 31160).

    Signed at Washington, DC, this 19th day of February 2010.
David Michaels,
 Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-3740 Filed 2-23-10; 8:45 am]
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