SUPPORTING STATEMENT FOR
LONGSHORING AND MARINE TERMINALS
(1218-0196)

Federal Register [07/25/1997] #62:40141-40234
Longshoring and Marine Terminals

  1. JUSTIFICATION

    1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that require the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

      The Occupational Safety and Health Administration (OSHA) is revising its Safety and Health Regulations for Longshoring and similar regulations in its Marine Terminal standards. The current rules address cargo handling and related activities conducted aboard vessels and land side operations conducted at marine terminals. OSHA is rewriting the longshoring regulations for the first time since adopting them in 1971. The revisions to the Marine Terminal standard are necessary for them to remain consistent with the new longshoring regulations. The changes to both standards are part of OSHA's continuing efforts to keep its regulations current with evolving work practices. The rules are "vertical" standards that apply only to longshoring and marine terminal activities. OSHA is also making minor editorial changes to some provisions in part 1910 to reflect the changes to the longshoring and marine terminal regulations. OSHA does not consider the changes to part 1910 substantive.

      The final longshoring and marine terminal regulations contain requirements related to the testing, certification and marking of specific types of cargo lifting appliances and associated cargo handling gear and other cargo handling equipment such as conveyors and industrial trucks. The collection of information from employers by OSHA is necessary to ensure employee protection through evidence of compliance with the standards.

      The collection of information requirements in this rule are prepared under the authorities granted in Secs. 4, 6, and 8 of the Occupational Safety and Health Act, 29 U.S.C. 653, 655, 657; the Walsh-Healey Act, 41 U.S.C. 35 et seq.; the Service Contract Act of 1965, 41 U.S.C. 351 et seq.; Sec.107 of the Contract Work Hours and Safety Standards Act (Construction Safety Act), 40 U.S.C. 33; Sec. 41 of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 941; the National Foundation of Arts and Humanities Act, 20 U.S.C. 951 et seq.; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 1911), 9-83 (48 FR 35736), or 1-90 (55 FR 9033) as applicable.

    2. Show how, by whom, and for what purpose the information is to be used. Except for a new collection, show the actual use the agency has made of the information received from the current collection.

      The information collected under this rule is used by employers to comply with the various information requirements in the standard and to insure that employees are informed properly about the safety and health hazards associated with marine terminal and longshoring operations. Also, OSHA uses the records developed in response to the collection of information requirements to find if the employer is complying adequately the provisions of the standards. Failure of the employer to collect and distribute the information collected under these requirements will affect significantly OSHA's effort to control and reduce injuries and fatalities in the workplace.

    3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technical collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision of adopting that means of collection. Also, describe any consideration of using information technology to reduce the burden.

      The standard neither requires nor prohibits the use of improved information technology. Advanced data processing programs are available to permit easier accessibility to information collected under these regulations. The regulations also permit collections of information to be stored at locations other than the place of inspection if the information requested can be delivered quickly to the place of inspection (i.e., E-mail, telefax, or other electronic data transfer method). OSHA will accept electronic submission of data when it is appropriate and feasible. Since the collection of information requirements are performance-based, no specific method of information technology is required.

    4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purpose(s) described in 2 above.

      OSHA coordinated the preparation of these regulations with appropriate individuals from other Federal OSHA programs, state OSHA programs, and the U.S. Coast Guard (USCG) to avoid duplication of effort. OSHA reviewed standards addressing similar operations in industries regulated by other parts of title 29 (i.e., part 1910 for general industry and part 1926 for the construction industry) to ensure that no duplication of effort is necessary. OSHA also reviewed the various state plan program regulations for marine terminal and longshoring operations to ensure no duplication of effort by employers is necessary or required.

      Compliance with other Federal information collection requirements that meets these requirements may be used as compliance with these regulations thereby eliminating duplicative compliance efforts.

    5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-1), describe the methods used to reduce the burden.

      The need to comply with the information collection requirements of the standard is equal for all employers within the scope of the rule. However, the burden of the collection of information requirements upon all employers may vary depending upon the size of the operation and the employee population. Therefore, OSHA's estimates are based upon industry averages for costs and burden hours.

      The final standard uses performance language whenever possible to provide compliance flexibility and to reduce the impact of the regulations on smaller businesses. Performance language may require the use of a level of safety and health technical competence not always available to small business employers. However, to reduce this burden upon small businesses or other small entities, OSHA uses non-mandatory appendices in this standard to provide useful compliance information and guidance to small businesses and other small entities. Further, many states, through Federal grants, provide consultation programs to help small business with compliance.

    6. Describe the consequence to Federal program or policy activities if the collection is or is not conducted less frequently, and any technical or legal obstacles to reducing the burden.

      As stated above in #2, failure of the employer to collect and distribute the information required in this standard will affect significantly the cooperative effort between OSHA and the employer to ensure employee safety through controlling or reducing injuries and fatalities in longshoring and marine terminal operations. Any Federal program or policy activities or decisions that would reduce or eliminate the collection of information required in this standard would also affect OSHA's efforts to ensure employee safety and health in the workplace. The frequencies for collecting information under these requirements are the necessary minimums.

    7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

      • requiring respondents to report information to the agency more often than quarterly;

      • requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

      • requiring respondents to submit more than an original and two copies of any document;

      • requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

      • in connection with a statistical survey that is not designed to produce valid and reliable results that can be generalized to the universe of study;

      • requiring the use of statistical data classification that has not been reviewed and approved by OMB;

      • that includes a pledge of confidentially that is not supported by authority established in statue or regulation that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

      • requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can prove that it has instituted procedures to protect the information's confidentially to the extent permitted by law.

      There are no special circumstances within this standard that require collection of information inconsistent with these guidelines.

    8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection before submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to those comments specifically address comments received on cost and hour burdens.

      Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, revealed, or reported.

      Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every three years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that mitigate against consultation in a specific situation. These circumstances should be explained.

      The Agency's Federal Register notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection before submission to OMB will be published simultaneously with the publication of the Final Rule. The effective date of the requirements under consideration by OMB will be held in abeyance until after the comments in response to that notice have been reviewed and considered by OSHA and OMB and final approval is granted by OMB.

    9. Explain any decision to provide any payments or gift to respondents, other than reenumeration of contractors or grantees.

      No payments or gifts are provided to respondents, other than reenumeration for services rendered by contractors or grantees.

    10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

      No elements of confidentiality are involved.

    11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

      No such information is required to be reported.

    12. Provide estimates of the hour burden of the collection of information. The statement should:

      • Show the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burdens, and explain the reasons for the variance. General estimates should not include burden hours for customary and usual business practices.

      • If this request for approval covers more than one form, provide separate hour burdens estimates for each form and aggregate the hour burden in Item 13 of OMB Form 83-1.

      • Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

      OSHA's estimates of the burden hours for each information collection requirement are shown below. The estimates are based on data from OSHA's Office of Regulatory Assessment (ORA) and the Bureau of Labor Statistics (BLS).

      In calculating this estimate, OSHA makes the following assumptions based upon data presented in the regulatory analysis that accompanied the proposed rule:

      • First, approximately 3,700 facilities are covered by these regulations. In some cases, because of the type of cargo handled or the type of facility present, the total number of facilities may be less. Where these regulations are based upon existing regulations, OSHA is assuming that all existing facilities are in compliance with the regulations. In such cases, no estimate of burden is provided. In the case of new regulations, the total 3,700 facilities are assumed to be in non-compliance and OSHA is estimating a burden.

      • Second, the average wage rate for a longshoring employee is $40.00 per hour and for a supervisor is $51.00 per hour based upon ORA data. OSHA uses the average supervisor's wage rate of $51.00 per hour to calculate the costs of this rule assuming that supervisors will be responsible for collecting and providing the information required in the regulations.

      • Finally, the estimated number of hours for each required task is based upon OSHA's estimate of the time it would take an average supervisor to do the required task.

      The total annualized costs listed below were determined from the burden hours calculated in this estimation multiplied by an average wage rate of $51.00 per hour for marine terminal and longshoring supervisors. The $51.00 figure is based upon data from OSHA's preliminary regulatory impact analysis provided with the Notice of Proposed Rulemaking for this standard. It reflects the average wage for white collar profession managers or technicians employed in marine terminal and longshoring operations. OSHA believes that these individuals would be performing the majority of the information collection required by the standard.

      (1) §1917.25(g):

      In the case of containerized shipments of fumigated tobacco, the contents of the container shall be aerated by opening the container doors for a period of 48 hours after the completion of fumigation and prior to loading. When tobacco is within shipping cases having polyethylene or similar bag liners, the aeration period shall be 72 hours. The employer shall obtain a written warranty from the fumigation facility stating that the appropriate aeration period has been met.
      Number of sites: 100 facilities (limited facilities handle tobacco cargoes) Time to provide information: 15 minutes (.25 hour) per facility for the employer to obtain the written warranty from the fumigator.
      Total burden hours based upon 100% non-compliance: 25 hours
      Total annual, recurring cost at $51.00 per hour: $1,275.00
      (2) §1917.26(d)(7):
      Stretchers in permanent locations shall be mounted to prevent damage and protected from the elements if located out-of-doors. If concealed from view, closures shall be marked to indicate life saving equipment.
      Number of sites: 3,700 facilities
      Time to provide information: 30 minutes (.5 hour) per facility for the employer to mark only those stretcher closures concealed from view.
      Total burden hours based upon 100% non-compliance: 1,850 hours
      Total first year, one-time cost at $51.00 per hour: $94,350.00
      (3) §1917.50(i)(2):
      All cargo handling gear provided by the employer with a safe working load greater than five short tons (10,000 lbs. or 4540 kg.) shall have its safe working load plainly marked on it.
      Number of sites: 3,700 facilities
      Time to provide information: Four hours (.5 day) per facility for employer to locate and mark all cargo handling gear.
      Total burden hours based upon 100% non-compliance: 14,800 hours
      Total first year, one-time cost at $51.00 per hour: ber of sites: 3,700 facilities
      Time to provide information: 25 ladders/facility x 5 minutes (.08 hours)/ladder = 2 hours/facility for the employer to find and tag defective ladders.
      Total burden hours based upon 100% non-compliance: 7,400 hours
      Total first year, one-time cost at $51.00 per hour: $377,400.00
      (7) §1918.61(b)(2):
      All cargo handling gear provided by the employer with a safe working load greater than five short tons (10,000 lbs. or 4.5 metric tons) shall have its safe working load plainly marked on it.
      Number of sites: 200 facilities (most are counted under 1917).
      Time to provide information: Four hours (.5 day) per facility for the employer tolocate and mark all cargo handling gear with a SWL greater than five short tons.
      Total burden hours based upon 100% non-compliance: 800 hours
      Total first year, one-time cost at $51.00 per hour: $40,800.00
      (8) §1918.86(g):
      Flat bed and low boy trailers that are manufactured after [insert the effective date of this standard] shall be marked with their cargo capacities and shall not be overloaded.
      Number of sites: 200 facilities (almost all are counted under 1917)
      Time to provide information: One hour per facility for the employer to mark trailers not meeting marking requirements.
      Total burden hours based upon 100% non-compliance: 200 hours
      Total annual recurring costs at $51.00 per hour: $10,200.00
      GRAND TOTALS: The total amount of burden hours for this rule based upon the total required tasks multiplied by OSHA's estimated time to complete the tasks equals:

      One-time, first year burden hours: 31,100
      Annual recurring burden hours: 250

      The estimated total annualized costs for this rule based upon the total burden hours multiplied by OSHA's estimated wage rate equals:

      One-time, first year cost: $1,586,100.00 Annual recurring costs: $12,750.00

    13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)

      The estimates of the total annual cost burden to respondents or recordkeepers resulting from this collection of information are included in Item 12.

    14. Provide estimates of the annualized cost to the Federal Government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 into a single table.

      The cost to the Federal Government would be the compliance officers' hourly wage rate ($24.00) multiplied by the time it takes to ask for a collection of information (5 minutes (0.08 hours)) or $1.92 per document per visit. Other occupational expenses, such as equipment, overhead, and support staff expenses, would have occurred without these collection of information requirements and are considered normal OSHA operating expenses.

    15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-1.

      This rulemaking contains a revision of existing standards and the introduction of eight new standards. The changes to the existing inventory reflect an updated program change to the existing inventory of burden hours and costs due to the eight new requirements.

    16. For collections of information whose results will be published, outline plans for tabulations, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

      No information collected because of the regulation will be published.

    17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

      OSHA is not seeking such approval.

    18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submissions," of OMB Form 83-1.

      OSHA is not seeking any exceptions.