
[Federal Register: October 29, 2009 (Volume 74, Number 208)]
[Notices]               
[Page 55858-55860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc09-103]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0033]

 
Walking and Working Surfaces Standard for General Industry; 
Extension of the Office of Management and Budget's (OMB) Approval of 
the 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 proposal to extend the 
Office of Management and Budget's (OMB) approval of the information 
collection requirements contained in the Walking and Working Surfaces 
Standard for General Industry (29 CFR part 1910, subpart D).

DATES: Comments must be submitted (postmarked, sent, or received) by 
December 28, 2009.

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, Docket No. OSHA-2009-0033, 
U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution

[[Page 55859]]

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 Information Collection Request (ICR) (OSHA-2009-
0033). 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 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 accordance 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 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 collections of information contained in the Walking and Working 
Surfaces Standard are necessary to protect workers from the collapse of 
overloaded floors, outrigger scaffolds, and failure of defective 
portable metal ladders. The following describes the information 
collection requirements in subpart D:
    Paragraph 1910.22(d)(1) requires that in every building or other 
structure, or part thereof, used for mercantile, business, industrial, 
or storage purposes, the loads approved by the building official shall 
be marked on plates of approved design which shall be supplied and 
securely affixed by the owner of the building, or his duly authorized 
agent, in a conspicuous place in each space to which they relate. Such 
plates shall not be removed or defaced but, if lost, removed, or 
defaced, shall be replaced by the owner or his agent.
    Under paragraph 1910.26(c)(2)(vii), portable metal ladders having 
defects are to be marked and taken out of service until repaired by 
either the maintenance department or the manufacturer.
    Paragraph 1910.28(e)(3) specifies that unless outrigger scaffolds 
are designed by a licensed professional engineer, they shall be 
constructed and erected in accordance with table D-16 of this section. 
A copy of the detailed drawings and specifications showing the sizes 
and spacing of members shall be kept on the job.

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 requesting that OMB extend its approval of the information 
collection requirements contained in the Walking and Working Surfaces 
Standard for General Industry (29 CFR Part 1910, subpart D). OSHA is 
proposing to increase the burden hours in the currently approved 
information collection request from 1,193 to 6,125 (a total increase of 
4,932 hours). This increase is due to updated data showing an increase 
in the number of firms from 10,000 to 41,540. 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: Walking and Working Surfaces for General Industry (29 CFR 
1910, Subpart D).
    OMB Number: 1218-0199.
    Affected Public: Business or other for-profits; Federal Government; 
State, Local, or Tribal Government.
    Number of Respondents: 75,408.
    Frequency of Response: On occasion.
    Average Time per Response: Three minutes (.05 hour) to mark ladders 
with a tag or other means; 20 minutes (0.33 hours) to acquire a 
replacement sign and to post it.
    Estimated Total Burden Hours: 6,125 hours.
    Estimated Cost (Operation and Maintenance): $0.

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-2009-0033). 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

[[Page 55860]]

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

    Jordan Barab, Acting 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 
31160).

    Signed at Washington, DC, this 26th day of October 2009.
Jordan Barab,
 Acting Assistant Secretary of Labor for Occupational Safety and 
Health.
[FR Doc. E9-26074 Filed 10-28-09; 8:45 am]

BILLING CODE 4510-26-P
