[Federal Register Volume 85, Number 204 (Wednesday, October 21, 2020)]
[Notices]
[Pages 67013-67015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23266]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0057]


Excavations (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 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 
collection of information contained in the Standard on Excavations 
(Design of Cave-in Protection Systems).

DATES: Comments must be submitted (postmarked, sent, or received) by 
December 21, 2020.

ADDRESSES: 
    Electronically: You may submit comments and attachments

[[Page 67014]]

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-2011-0057, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Please note: While OSHA's Docket Office is continuing to accept and 
process submissions by regular mail, due to the COVID-19 pandemic, the 
Docket Office is closed to the public and not able to receive 
submissions to the docket by hand, express mail, messenger, and courier 
service.
    Instructions: All submissions must include the agency name and the 
OSHA docket number (OSHA-2011-0057) for the Information Collection 
Request (ICR). All comments, including any personal information you 
provide, such as social security number and date of birth, 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 above address. 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 website. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Theda Kenney at 
(202) 693-2222 to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or 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 collection of 
information in accordance with the Paperwork Reduction Act (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, 
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 to 
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 trench shielding 
system (such as a trench box). The Standard specifies allowable 
configurations 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 3), or to use a design 
approved by a registered professional engineer (Option 4).
    Under Option 3, 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 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.
    Paragraph (c)(2)(iii) allows employers to use manufacturer's 
tabulated data or to deviate from the data provided. The manufacturer's 
specification, recommendations and limitations as well as the 
manufacturer's approval to deviate from these items shall be in 
writing. Paragraphs (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 including a registered professional engineer and 
approved by a registered professional engineer (Option 4).
    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 completed, 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 workers 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 the approval of the 
information collection requirements contained in the Standard on 
Excavations (Design of Cave-in Protection Systems). An increase in the 
number of construction projects/sites from 768,278 in 2013 to 1,010,188 
in 2019 has resulted in an adjustment increase in burden hours from 
17,262 to 19,402, a total increase

[[Page 67015]]

of 2,140 burden hours. OSHA reduced the number of apartment and non-
residential construction sites that would use outside contractor 
engineering services for the required protective system design from 
2,466 to 2,038. There was also a decrease in overall cost from $311,505 
to $269,138, a difference of $42,367.
    The agency will summarize any 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 a currently approved collection.
    Title: Excavations (Design of Cave-in Protection Systems) (29 CFR 
part 1926, subpart P).
    OMB Control Number: 1218-0137.
    Affected Public: Business or other for-profits.
    Number of Respondents: 8,152.
    Number of Responses: 19,402.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 19,402 hours.
    Estimated Cost (Operation and Maintenance): $269,138.

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 (Docket No. OSHA-2011-0057) for the ICR. 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.
    Due to 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 
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 through this 
website. All submissions, 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 for information about materials not 
available through the website, and for assistance in using the internet 
to locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Principal 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on October 15, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-23266 Filed 10-20-20; 8:45 am]
BILLING CODE 4510-26-P


