[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38919-38920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09973]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[OSHA-2011-0029]


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 comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Underground 
Construction Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by 
July 8, 2024.

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.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov. Documents in the docket are 
listed in the https://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the websites. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2011-0029) for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made available online. 
Therefore, OSHA cautions interested parties about submitting personal 
information such as social security numbers and birthdates.
    For further information on submitting comments, see the ``Public 
Participation'' heading in the section of this notice titled 
``SUPPLEMENTARY INFORMATION.''

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of 
Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202) 
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the 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) (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, the collection instruments are clearly understood, and 
OSHA's estimate of the information collection burden is accurate. The 
Occupational Safety and Health Act of 1970 (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 effort in 
obtaining information (29 U.S.C. 657).
    The following sections describe who uses the information collected 
under each requirement, as well as how they use it.
    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 workers to the 
presence of hazards or potential hazards at the job site, thereby 
preventing worker exposure to hazards or potential hazards associated 
with underground construction that could cause death or serious harm.
    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 the 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 workers 
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.
    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). Paragraph (j)

[[Page 38920]]

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, ascertain the effectiveness of controls 
(especially ventilation) and implement additional controls if 
necessary. Accordingly, these requirements prevent serious injury and 
death to workers who work on underground construction projects. In 
addition, these records provide an efficient means for workers to 
evaluate the accuracy and effectiveness of an employer's exposure 
reduction program, and for OSHA compliance officers to determine those 
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 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 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, and 
transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the information 
collection requirements contained in Underground Construction Standard. 
The agency is requesting an adjustment increase in burden hours from 
77,616 hours to 77,618 hours, a difference of 2 hours. This slight 
increase is due the result of a rounding inconsistency.
    OSHA will summarize the 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.
    Type of Review: Extension of a currently approved collection.
    Title: Underground Construction Standard.
    OMB Control Number: 1218-0067.
    Affected Public: Business or other for-profits.
    Number of Respondents: 461.
    Number of Responses: 1,172,939.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 77,618.
    Estimated Cost (Operation and Maintenance): $165,600.

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 https://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (fax), if your comments, including 
attachments, are not longer than 10 pages you may fax them to the OSHA 
Docket Office at (202) 693-1648. All comments, attachments, and other 
material must identify the agency name and the OSHA docket number for 
the ICR (OSHA-2011-0029). You may supplement electronic submission by 
uploading document files electronically.
    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 
dates 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 
website. All submission, 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 at (202) 693-2350, (TTY (877) 889-
5627) for information about materials not available from the website, 
and for assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy 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. 8-2020 
(85 FR 58393).

    Signed at Washington, DC, on May 2, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-09973 Filed 5-7-24; 8:45 am]
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