[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)][Notices][Pages 67006-67007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23581]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0045]
Aerial Lifts Standard; Extension of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirement contained
in the Aerial Lifts Standard. The only information collection
requirement in the Aerial Lifts Standard is a certification provision,
paragraph (a)(2). This provision requires an employer who modifies an
aerial lift for a use not intended by the lift manufacturer ("field
modified aerial lift") to obtain from that manufacturer, or an
equivalent entity (such as a nationally-recognized laboratory), a
written certificate stating that: The modification conforms to the
applicable provisions of ANSI A92.2-1969 and OSHA's Aerial Lifts
Standard; and the modified aerial lift is at least as safe as it was
Employers who modify an aerial lift for uses other than those
provided by the manufacturer must obtain a certificate from the
manufacturer or equivalent entity certifying that the modification is
in conformance with applicable American National Standards Institute
(ANSI) standards and OSHA's Aerial Lifts Standard, and that the
equipment is as safe as it was prior to the modification.
DATES: Comments must be submitted (postmarked, sent, or received) by
November 28, 2016.
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
Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
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, OSHA Docket No. OSHA-2009-0045,
Occupational Safety and Health Administration, U.S. Department of
Labor, 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-2009-0045) 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 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 from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Directorate of Construction, OSHA,
U.S. Department of Labor, Room N-3468, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202) 693-2020.
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 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 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).
The certification requirement specified in the Aerial Lifts
Standard demonstrates that the manufacturer or an equally-qualified
entity has assessed a modified aerial lift and found that it was safe
for use by, or near, workers; and that it would provide workers with a
level of protection at least equivalent to the protection afforded by
the lift prior to modification.
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
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
There is an adjustment decrease of 13 hours as a result of removing
the burden hours for an employer to disclose records to an OSHA
compliance officer during an inspection, bringing the total burden
hours to zero (0). However, while no responses have in fact been
received, DOL is using the figure of "10" responses in order to have
the ICR comport to regulation 5 CFR 1320.3(c)(4)(i), which deems any
rule of general applicability to involve at least 10 respondents. The
Agency is, therefore, using the above per response burden to maintain a
time burden as close as is possible to the actual time of no hours (1
Type of Review: Extension of a currently approved collection.
Title: Aerial Lifts (29 CFR 1926.453).
OMB Control Number: 1218-0216.
Affected Public: Business or other for-profits.
Number of Respondents: 10.
Frequency of Responses: On occasion.
Total Responses: 10.
Average Time per Response: 6 minutes (0.10 hour).
Estimated Total Burden Hours: 1.
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-2009-0045). 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
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 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 from
the Web site, and for assistance in using the Internet to locate docket
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).
Signed at Washington, DC, on September 26, 2016.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-23581 Filed 9-28-16; 8:45 am]
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