[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Notices]
[Pages 44199-44201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17958]


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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0057]


Excavations (Design of Cave-In Protection Systems); 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.

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

SUMMARY: OSHA solicits public comments concerning its proposal to 
extend OMB approval of the information collection requirements 
contained in the Standard on Excavations (Design of Cave-in Protection 
Systems) (29 CFR part 1926, subpart P).

DATES: Comments must be submitted (postmarked, sent, or received) by 
September 29, 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, OSHA Docket No. OSHA-2011-0057, 
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-2011-0057) 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

[[Page 44200]]

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 Michael Buchet 
at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Michael Buchet, 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 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 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).
    Paragraphs (b) and (c) of Sec.  1926.652 (``Requirements for 
Protective Systems''; the ``Standard'') contain paperwork requirements 
that impose burden hours or costs on employers. These paragraphs 
require employers to use protective systems to prevent cave-ins during 
excavation work; these systems include sloping the side of the trench, 
benching the soil away from the excavation, or using a support system 
or shield (such as a trench box). The Standard specifies allowable 
configurations and slopes for excavations, and provides appendices to 
assist employers in designing protective systems. However, paragraphs 
(b)(3) and (b)(4) of the Standard permit employers to design sloping or 
benching systems based on tabulated data (Option 3), or to use a design 
approved by a registered professional engineer (Option 4).
    Under Option 3, employers must provide the tabulated data in a 
written form that also identifies the registered professional engineer 
who approved the data and the parameters used to select the sloping or 
benching system drawn from the data, as well as the limitations of the 
data (including the magnitude and configuration of slopes determined to 
be safe). The document must also provide any explanatory information 
necessary to select the correct benching system based on the data. 
Option 2 requires employers to develop a written design approved by a 
registered professional engineer. The design information must include 
the magnitude and configuration of the slopes determined to be safe, 
and the identity of the registered professional engineer who approved 
the design.
    Paragraph (c)(2)(iii) allows employers to use manufacturer's 
tabulated data or to deviate from the data provided. The manufacturer's 
specification, recommendations and limitations as well as the 
manufacturer's approval to deviate from these items shall be in 
writing. Paragraphs (c)(3) and (c)(4) allow employers to design support 
systems, shield systems, and other protective systems based on 
tabulated data provided by a system manufacturer (Option 3) or obtained 
from other sources including a registered professional engineer and 
approved by a registered professional engineer (Option 4).
    Each of these provisions requires employers to maintain a copy of 
the documents described in these options at the jobsite during 
construction. After construction is completed, employers may store the 
documents off-site provided they make them available to an OSHA 
compliance officer on request. These documents provide both the 
employer and the compliance officer with information needed to 
determine if the selection and design of a protective system are 
appropriate to the excavation work, thereby assuring workers of maximum 
protection against cave-ins.

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

    The Agency is requesting that OMB extend its approval of the 
information collection requirements contained in the Standard on 
Excavations (Design of Cave-in Protection Systems). An increase in the 
number of construction starts from 706,000 starts to 761,873 contracted 
for projects/sites has resulted in an adjustment increase in burden 
hours from 11,813 to 14,266, a total increase of 2,453 burden hours.
    OSHA reduced the number of apartment and non-residential 
construction sites that would use outside contractor engineering 
services for the required protective system design approval from 5,900 
to 2,038. While there was an increase in the hourly wage for a civil 
engineer from $49.04 to $53.17, there is an overall adjustment decrease 
of -$359,687 from $578,672 to $218,985.
    The Agency will summarize any comments submitted in response to 
this notice and will include this summary in the request to OMB to 
extend the approval of the information collection requirements 
contained in the Standard.
    Type of Review: Extension of a currently approved collection.
    Title: Excavations (Design of Cave-in Protection Systems) (29 CFR 
part 1926, subpart P).
    OMB Control Number: 1218-0137.
    Affected Public: Business or other for-profits.
    Number of Respondents: 8,152.
    Number of Responses: 24,453.
    Frequency of Responses: On occasion.
    Average Time per Response: Two hours to obtain information on the 
design of cave-in protection systems.
    Estimated Total Burden Hours: 14,266 hours.
    Estimated Cost (Operation and Maintenance): $218,895.

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://

[[Page 44201]]

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 
(Docket No. OSHA-2011-0057) for the ICR. 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 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 July 25, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-17958 Filed 7-29-14; 8:45 am]
BILLING CODE 4510-26-P