

[Federal Register: February 13, 2008 (Volume 73, Number 30)]
[Notices]               
[Page 8374-8375]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe08-144]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0008]

 
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 comment.

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SUMMARY: OSHA solicits comments concerning its request for an extension 
of the information collection requirements contained in 29 CFR 
1926.652, Requirements for Protective Systems.

DATES: Comments must be submitted (postmarked, sent, or received) by 
April 14, 2008.

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, OSHA Docket No. OSHA-2008-
0008, 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 OSHA 
docket number for the ICR (OSHA-2008-0008). 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 through 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 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 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 
configuration 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 1), or to use a design 
approved by a registered professional engineer (Option 2).
    Under Option 1, 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

[[Page 8375]]

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.
    Paragraphs (c)(2), (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 and approved by a registered professional engineer 
(Option 4); they can also use a design approved by a registered 
professional engineer (Option 5). If they select Option 3, employers 
must complete a written form that provides the manufacturer's 
specifications, recommendations, and limitations, as well as any 
deviations approved by the manufacturer. The paperwork requirements of 
Option 4 are the same as for Option 1. Option 5 requires a written form 
that provides a plan indicting the sizes, types, and configurations of 
the materials used in the protective system and the identity of the 
registered professional engineer who approved the design.
    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 complete, 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 employees 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 29 CFR 1926.652, 
Requirements for Protective Systems. The Agency 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 contained in the Standard.
    Type of Review: Extension of currently approved information 
collection requirements.
    Title: Design of Cave-in Protection System.
    OMB Number: 1218-0137.
    Affected Public: Business or other for-profits.
    Number of Respondents: 20,000.
    Frequency of Response: On occasion.
    Total Responses: 20,000.
    Average Time per Response: Two hours to obtain information on the 
design of cave-in protection systems.
    Estimated Total Burden Hours: 20,022 hours.
    Estimated Cost (Operation and Maintenance): $815,400.

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-2008-0008). 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

    Edwin G. Foulke, Jr., 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 
31159).

    Signed at Washington, DC, on February 7, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-2624 Filed 2-12-08; 8:45 am]

BILLING CODE 4510-26-P
