[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13314-13315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06176]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Excavation Cave-In Protection System Design 
Standard

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting the Occupational 
Safety and Health Administration (OSHA) sponsored information 
collection request (ICR) titled, ``Excavation Cave-in Protection System 
Design Standard,'' to the Office of Management and Budget (OMB) for 
review and approval for continued use, without change, in accordance 
with the Paperwork Reduction Act of 1995 (PRA). Public comments on the 
ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before April 27, 2018.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201802-1218-001 or by contacting Michel Smyth by 
telephone at 202-693-4129, TTY 202-693-8064 (these are not toll-free 
numbers), or by email at [email protected].
    Submit comments about this request by mail to the Office of 
Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
OSHA, Office of Management and Budget, Room 10235, 725 17th Street NW, 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW, Washington, 
DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064 (these are not toll-free numbers), or by email 
at [email protected].

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authorization 
for the information collections required in the design of a cave-in 
protection system that are codified in regulations 29 CFR part 1926, 
subpart P. Employers in the construction industry and OSHA compliance 
officers need this information to ensure cave-in protection systems are 
designed, installed, and used in a manner that adequately protects 
workers. More specifically, regulations 29 CFR 1926.652 paragraphs (b) 
and (c) contain paperwork

[[Page 13315]]

requirements imposing burden hours or costs on employers. These 
paragraphs require subject 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 it 
provides appendices to assist employers in designing protective 
systems. The regulations also provide options as to how the required 
records are developed. Occupational Safety and Health Act of 1970 
sections 2(b)(9), 6(b)(7), and 8(c) authorize this information 
collection. See 29 U.S.C. 651(b)(9), 655(b)(7), 657(c).
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1218-0137.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and 3he DOL seeks to extend PRA authorization 
for this information collection for three (3) more years, without any 
change to existing requirements. The DOL notes that existing 
information collection requirements submitted to the OMB receive a 
month-to-month extension while they undergo review. For additional 
substantive information about this ICR, see the related notice 
published in the Federal Register on December 12, 2017 (82 FR 58450).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1218-0137. 
The OMB is particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    Agency: DOL-OSHA.
    Title of Collection: Excavation Cave-in Protection System Design 
Standard.
    OMB Control Number: 1218-0137.
    Affected Public: Private Sector--businesses or other for-profits.
    Total Estimated Number of Respondents: 8,382.
    Total Estimated Number of Responses: 17,262.
    Total Estimated Annual Time Burden: 17,262 hours.
    Total Estimated Annual Other Costs Burden: $311,505.

    Authority: 44 U.S.C. 3507(a)(1)(D).

Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2018-06176 Filed 3-27-18; 8:45 am]
 BILLING CODE 4510-26-P