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  • Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    83:13314-13315
  • Standard Number:
  • Title:
    Agency Information Collection Activities; Submission for OMB Review; Comment Request; Excavation Cave-In Protection System Design Standard
  [Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
  [Notices]
  [Pages 13314-13315]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2018-06176]
  
  
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  DEPARTMENT OF LABOR
  
  Office of the Secretary
  
  
  Agency Information Collection Activities; Submission for OMB 
  Review; Comment Request; Excavation Cave-In Protection System Design 
  Standard
  
  ACTION: Notice of availability; request for comments.
  
  -----------------------------------------------------------------------
  
  SUMMARY: The Department of Labor (DOL) is submitting the Occupational 
  Safety and Health Administration (OSHA) sponsored information 
  collection request (ICR) titled, ``Excavation Cave-in Protection System 
  Design Standard,'' to the Office of Management and Budget (OMB) for 
  review and approval for continued use, without change, in accordance 
  with the Paperwork Reduction Act of 1995 (PRA). Public comments on the 
  ICR are invited.
  
  DATES: The OMB will consider all written comments that agency receives 
  on or before April 27, 2018.
  
  ADDRESSES: A copy of this ICR with applicable supporting documentation; 
  including a description of the likely respondents, proposed frequency 
  of response, and estimated total burden may be obtained free of charge 
  from the RegInfo.gov website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201802-1218-001 or by contacting Michel Smyth by 
  telephone at 202-693-4129, TTY 202-693-8064 (these are not toll-free 
  numbers), or by email at DOL_PRA_PUBLIC@dol.gov.
      Submit comments about this request by mail to the Office of 
  Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
  OSHA, Office of Management and Budget, Room 10235, 725 17th Street NW, 
  Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
  number); or by email: OIRA_submission@omb.eop.gov. Commenters are 
  encouraged, but not required, to send a courtesy copy of any comments 
  by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
  Chief Information Officer, Attn: Departmental Information Compliance 
  Management Program, Room N1301, 200 Constitution Avenue NW, Washington, 
  DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov.
  
  FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
  4129, TTY 202-693-8064 (these are not toll-free numbers), or by email 
  at DOL_PRA_PUBLIC@dol.gov.
  
  SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authorization 
  for the information collections required in the design of a cave-in 
  protection system that are codified in regulations 29 CFR part 1926, 
  subpart P. Employers in the construction industry and OSHA compliance 
  officers need this information to ensure cave-in protection systems are 
  designed, installed, and used in a manner that adequately protects 
  workers. More specifically, regulations 29 CFR 1926.652 paragraphs (b) 
  and (c) contain paperwork

  
  requirements imposing burden hours or costs on employers. These 
  paragraphs require subject 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 support system or shield (such as a trench box). The Standard 
  specifies allowable configurations and slopes for excavations, and it 
  provides appendices to assist employers in designing protective 
  systems. The regulations also provide options as to how the required 
  records are developed. Occupational Safety and Health Act of 1970 
  sections 2(b)(9), 6(b)(7), and 8(c) authorize this information 
  collection. See 29 U.S.C. 651(b)(9), 655(b)(7), 657(c).
      This information collection is subject to the PRA. A Federal agency 
  generally cannot conduct or sponsor a collection of information, and 
  the public is generally not required to respond to an information 
  collection, unless it is approved by the OMB under the PRA and displays 
  a currently valid OMB Control Number. In addition, notwithstanding any 
  other provisions of law, no person shall generally be subject to 
  penalty for failing to comply with a collection of information that 
  does not display a valid Control Number. See 5 CFR 1320.5(a) and 
  1320.6. The DOL obtains OMB approval for this information collection 
  under Control Number 1218-0137.
      OMB authorization for an ICR cannot be for more than three (3) 
  years without renewal, and 3he DOL seeks to extend PRA authorization 
  for this information collection for three (3) more years, without any 
  change to existing requirements. The DOL notes that existing 
  information collection requirements submitted to the OMB receive a 
  month-to-month extension while they undergo review. For additional 
  substantive information about this ICR, see the related notice 
  published in the Federal Register on December 12, 2017 (82 FR 58450).
      Interested parties are encouraged to send comments to the OMB, 
  Office of Information and Regulatory Affairs at the address shown in 
  the ADDRESSES section within thirty (30) days of publication of this 
  notice in the Federal Register. In order to help ensure appropriate 
  consideration, comments should mention OMB Control Number 1218-0137. 
  The OMB is particularly interested in comments that:
       Evaluate whether the proposed collection of information is 
  necessary for the proper performance of the functions of the agency, 
  including whether the information will have practical utility;
       Evaluate the accuracy of the agency's estimate of the 
  burden of the proposed collection of information, including the 
  validity of the methodology and assumptions used;
       Enhance the quality, utility, and clarity of the 
  information to be collected; and
       Minimize the burden of the collection of information on 
  those who are to respond, including through the use of appropriate 
  automated, electronic, mechanical, or other technological collection 
  techniques or other forms of information technology, e.g., permitting 
  electronic submission of responses.
      Agency: DOL-OSHA.
      Title of Collection: Excavation Cave-in Protection System Design 
  Standard.
      OMB Control Number: 1218-0137.
      Affected Public: Private Sector--businesses or other for-profits.
      Total Estimated Number of Respondents: 8,382.
      Total Estimated Number of Responses: 17,262.
      Total Estimated Annual Time Burden: 17,262 hours.
      Total Estimated Annual Other Costs Burden: $311,505.
  
      Authority: 44 U.S.C. 3507(a)(1)(D).
  
  Michel Smyth,
  Departmental Clearance Officer.
  [FR Doc. 2018-06176 Filed 3-27-18; 8:45 am]
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