[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26776-26777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10648]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0062]


Powered Industrial Trucks 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 comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Powered Industrial 
Trucks Standard. The information collection requirements address truck 
design, construction and modification, as well as certification of 
training and evaluation for truck operators.

DATES: Comments must be submitted (postmarked, sent, or received) by 
July 8, 2014.

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 a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0062, 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., e.t.
    Instructions: All submissions must include the Agency name and the 
OSHA docket number (OSHA-2011-0062) for the Information Collection 
Request (ICR). 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 from the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Theda Kenney at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or 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 accord 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 OSH 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).
    Paragraph (a)(4) of the Powered Industrial Trucks Standard requires 
employers to obtain the manufacturer's written approval before 
modifying a truck in a manner that affects its capacity and safe 
operation; if the manufacturer grants such approval, the employer must 
revise capacity, operation, and maintenance instruction plates, tags, 
and decals accordingly. For front-end attachments not installed by the 
manufacturer, paragraph (a)(5) mandates that employers provide a marker 
on the trucks that identifies the attachment, as well as the weight of 
both the truck and the attachment when the attachment is at maximum 
elevation with a laterally centered load. Paragraph (a)(6) specifies 
that employers must ensure that the markers required by paragraphs 
(a)(3) through (a)(5) remain affixed to the trucks and are legible.
    Paragraphs (1)(4) and (1)(6) of the Standard contain the paperwork 
requirements necessary to certify the evaluation and training provided 
to powered industrial truck operators. Accordingly, these paragraphs 
specify the following requirements for employers.
     Paragraph (1)(4)(iii)--evaluate each operator's 
performance at least once every three years.
     Paragraph (l)(6)--Certify that each operator meets the 
training and evaluation requirements specified by paragraph (l). This 
certification must include the operator's name, the training date, the 
evaluation date, and the identity of the individual(s) who performed 
the training and evaluation.

Requiring labels (markings) on modified equipment notifies workers of 
the conditions under which they can safely operate powered industrial 
trucks, thereby preventing such hazards as fires and explosions caused 
by poorly designed electrical systems, rollovers/tipovers that result 
from exceeding a truck's stability characteristics, and falling loads 
that occur when loads exceed the lifting capacities of attachments. 
Certification of worker training and evaluation provides a means of 
informing employers that their workers received the training and 
demonstrated the performance necessary to operate a truck within its 
capacity and control limitations. By ensuring that workers operate only 
trucks that are in proper working order, and do so safely, employers 
prevent possible severe injury or death of truck operators and other 
workers who are in the vicinity of the trucks. Finally, these paperwork 
requirements are the most efficient means for an OSHA compliance 
officer to determine that an employer properly notified workers about 
the design and construction of, and modifications made to, the trucks 
they are operating, and that an employer provided them with the 
required training.

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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 proposing to decrease the existing burden hour estimate of 
the collection of information requirements specified by the Standard. 
In this regard, the Agency is proposing to decrease the current burden 
hour estimate from 888,244 hours to 393,702 hours, a total decrease of 
494,542 hours. The reason for this reduction is the removal of burden 
hours associated with the requirement that employers provide training 
to workers.
    Upon further analysis, OSHA has determined that these training 
provision is not considered to be a collection of information under 
PRA-95. In addition, the Agency was able to gather data updating the 
number of trucks and operators. 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 collection.
    Title: Powered Industrial Trucks (29 CFR 1910.178).
    OMB Control Number: 1218-0242.
    Affected Public: Business or other for-profits.
    Number of Respondents: 1,106,552.
    Number of Responses: 2,206,464.
    Frequency of Reponses: On occasion; annually; triennially.
    Average Time per Response: Ranges from two minutes (.03 hour) to 
mark an approved truck to 30 minutes (.50 hour) to perform an 
evaluation.
    Estimated Total Burden Hours: 393,702.
    Estimated Cost (Operation and Maintenance): $232,365.

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 materials must identify the Agency 
name and the OSHA docket number for the ICR (Docket No. OSHA-2011-
0062). 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 that 
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 from 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 from the Web site, and for assistance in using the Internet 
to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on May 5, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-10648 Filed 5-8-14; 8:45 am]
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