
[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Pages 19125-19127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07630]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. 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.

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

SUMMARY: OSHA solicits public comments concerning its proposal to 
extend OMB's approval of the information collection requirements 
specified in its Standard on Underground Construction (29 CFR 
1926.800).

DATES: Comments must be submitted (postmarked, sent or received) by 
June 6, 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, Docket No. OSHA-2011-0029, 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-2011-0029) 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 materials in the 
docket, go to http://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 
publically 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 contact Theda 
Kenney at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Todd Owen or Theda Kenney, 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 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 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 efforts in 
obtaining information (29 U.S.C. 657).
    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

[[Page 19126]]

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 its 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) 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, and to 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 that 
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 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 an adjustment increase of 8,982 burden hours 
(from 57,949 to 66,931 burden hours). The adjustment increase is a 
result of an increase in the number of construction projects from 323 
to 361. In addition, there is an increase in the cost from $117,000 to 
$129,600 (an increase of $12,600). This cost increase is the result of 
additional construction projects. 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.
    Type of Review: Extension of a currently approved collection.
    Title: Underground Construction Standard (29 CFR 1926.800).
    OMB Control Number: 1218-0067.
    Affected Public: Business or other for-profits; not-for-profit 
institutions; Federal government; State, local or Tribal governments.
    Number of Responses: 1,078,029.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies from 30 seconds to read and 
record air quality test results to one hour to inspect, load test, and 
complete and maintain a certification record for a hoist.
    Estimated Total Burden Hours: 66,931.
    Estimated Cost (Operation and Maintenance): $129,600.

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 http://regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All 
comments, attachments, and other materials must identify the Agency 
name and the OSHA docket number for the ICR (Docket No. OSHA-2011-
0029). 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 publically 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).


[[Page 19127]]


    Signed at Washington, DC, on April 1, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-07630 Filed 4-4-14; 8:45 am]
BILLING CODE 4510-26-P


