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• Publication Date: 04/09/2013
• Publication Type: Notice
• Fed Register #: 78: 21155-21157
• Standard Number: 1910.217(h)
• Title: Presence Sensing Device Initiation (PSDI) Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21155-21157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08183]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0009]


Presence Sensing Device Initiation (PSDI) 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.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Presence Sensing
Device Initiation (PSDI) Standard (29 CFR 1910.217(h)).

DATES: Comments must be submitted (postmarked, sent, or received) by
June 10, 2013.

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-2010-0009,
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 OSHA
docket number (OSHA-2010-0009) 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: Theda Kenney or Todd Owen, 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 (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).
    Description of the requirements. A number of paragraphs in the
Standard contain paperwork requirements. These requirements include:
Certifying brake-monitor adjustments, alternatives to photoelectric
presence sensing devices (PSDs), safety system design and installation,
and worker training; annual recertification of safety systems;
establishing and maintaining the original certification and validation
records as well as the most recent recertification and revalidation
records; affixing labels to test rods and to certified and recertified
presses; and notifying an OSHA-recognized third-party validation
organization when a safety system component fails, the employer
modifies the safety system, or a point-of-operation injury occurs.
    Use and purpose of the requirements. Requiring employers to certify
brake-monitor adjustments, alternatives to photoelectric PSDs, and
safety system design and installation, and to recertify safety systems
annually, provides the employer, systems engineers, maintenance
personnel, and other workers with reliable information regarding the
status and operating characteristics of the presses, which they can use
to determine that the systems are operating according to the
requirements of the Standard. The training certification requirement
assures employers that workers receive the training specified by the
Standard at the required frequencies and, therefore, can safely operate
a PSDI-equipped mechanical power press. Specifying that employers
establish and maintain for each press the original certification and
validation records, as well as the most recent recertification and
revalidation records, allows employers, engineers, maintenance
personnel, and other workers to determine if the presses are operating
within required specifications, thereby ensuring that the presses
remain in safe operating condition.
    Having employers affix labels to test rods provides information to
workers about the minimum object sensitivity of the sensing field,
thereby allowing them to use the test rods in determining that a field
is operating correctly. The provision specifying that employers affix
labels to certified and recertified presses gives assurance to
employers and workers that the presses meet the requirements of the
Standard and, therefore, that workers can operate them safely.
    Requiring employers to notify an OSHA-recognized third-party
validation organization when a safety system component fails, or a
point-of-operation injury occurs, permits these organizations to
identify and correct design problems in the safety systems. Having
employers inform these organizations of modifications made to safety
systems allows the organizations to review the modifications and
determine if the presses will continue to operate safely.
    By complying with these paperwork requirements, employers ensure
that PSDI-equipped mechanical power presses are in safe working order,
thereby preventing severe injury and death to press operators and other
workers who work near this equipment. In addition, these records
provide the most efficient means for an OSHA compliance officer to
determine that an employer performed the requirements and that the
equipment is safe.

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

    To date, OSHA has not recognized a third-party organization to
validate employer and manufacturer certifications that their PSDI
equipment and practices meet the requirements of the Standard.
Therefore, the Agency cannot attribute burden hours and cost to the
paperwork requirements of the Standard.
    OSHA is proposing that OMB approve the information collection
requirements specified by the Standard so that it can enforce these
requirements if employers obtain third-party certification/validation;
thus, the Agency reports no program changes or adjustments and requests
that it be allowed to retain its previous estimate of one burden hour
should the requirements of the standard be implemented.
    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
contained in the Standard.
    Type of Review: Extension of a currently approved collection.
    Title: Presence Sensing Device Initiation (PSDI) (29 CFR
1910.217(h)).
    OMB Control Number: 1218-0143.
    Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local, or Tribal Government.
    Number of Respondents: 0.
    Total Responses: 0.
    Frequency: Initially; Annually; On occasion.
    Average Time per Response: 0.
    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-2010-0009). 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 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
through 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).

    Signed at Washington, DC, on April 3, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-08183 Filed 4-8-13; 8:45 am]
BILLING CODE 4510-26-P

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