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Federal Registers - Table of Contents
• Publication Date: 06/20/2017
• Publication Type: Notice
• Fed Register #: 82:28098-28099
• Standard Number: 1926.800
• Title: Underground Construction Standard Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements


  [Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
  [Notices]
  [Pages 28098-28099]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-12809]



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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  [Docket No. OSHA-2011-0029]


  Underground Construction 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 is soliciting public comments concerning its proposal to
  extend the Office of Management and Budget's (OMBs') approval of the
  information collection requirements specified in its standard on
  Underground Construction.

  DATES: Comments must be submitted (postmarked, sent, or received) by
  August 21, 2017.

  ADDRESSES:
      Electronically: You may submit comments and attachments
  electronically at http://www.regulations.gov, 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 these methods, you must submit a copy of your comments and
  attachments to the OSHA Docket Office, Docket No. OSHA-2011-0029,
  Occupational Safety and Health Administration, U.S. Department of
  Labor, Room N-3653, 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, 10 a.m. to 3 p.m., e.t.
      Instructions: All submissions must include the Agency name and OSHA
  docket number (Docket No. OSHA 2011-0029) 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 accordance with the Paperwork Reduction Act
  of 1995 (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 (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 to
  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).
      Seven paragraphs in the Underground Construction Standard ("the
  Standard"), 29 CFR 1926.800, require employers to post warning signs
  or notices during underground construction; these paragraphs are
  (b)(3), (i)(3), (j)(1)(vi)(A), (m)(2)(ii), (o)(2), (q)(11), and
  (t)(1)(iv)(B). The warning signs and notices required by these
  paragraphs enable employers to effectively alert workers to the
  presence of hazards or potential hazards at the job site, thereby
  preventing worker exposure to hazards or potential hazards associated
  with underground construction that could cause death or serious harm.
      Paragraph (t)(3)(xxi) of the Standard requires employers to inspect
  and load test hoists when they install them, and at least annually
  thereafter. They must also inspect and load test a hoist after making
  any repairs or alterations to it that affect its structural integrity,
  and after tripping a safety device on the hoist. Employers must also
  prepare a certification record of each inspection and load test that
  includes specified information, and maintain the most recent
  certification record until they complete the construction project.
      Establishing and maintaining a written record of the most recent
  inspection and load test alerts equipment mechanics to problems
  identified during the inspection. Prior to returning the equipment to
  service, employers can review the records to ensure that the mechanics
  performed the necessary repairs and maintenance. Accordingly, by using
  only equipment that is in safe working order, employers will prevent
  severe injury and death to the equipment operators and other workers
  who work near the equipment. In addition, these records provide the
  most efficient means for OSHA compliance officers to determine that an
  employer performed the required inspections and load tests, thereby
  assuring that the equipment is safe to operate.
      Paragraph (j)(3) of the Standard mandates that employers develop
  records for air quality tests performed under paragraph (j), including
  air quality tests required by paragraphs (j)(1)(ii)(A) through
  (j)(1)(iii)(A), (j)(1)(iii)(B), (j)(1)(iii)(C), (j)(1)(iii)(D),
  (j)(1)(iv), (j)(1)(v)(A), (j)(1)(v)(B), and (j)(2)(i) through
  (j)(2)(v). Paragraph (j) also requires that air quality records include
  specified information, and that employers maintain the records until
  the underground construction project is complete. They must also make
  the records available to OSHA compliance officers on request.
      Maintaining records of air quality tests allows employers to
  document atmospheric hazards, ascertain the effectiveness of controls
  (especially ventilation) and implement additional controls if
  necessary. Accordingly, these requirements prevent serious injury and
  death to workers who work on underground construction projects. In
  addition, these records provide an efficient means for workers to
  evaluate the accuracy and effectiveness of an employer's exposure
  reduction program, and for OSHA compliance officers to


  determine that employers performed the required tests and implemented
  appropriate controls.

  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

      OSHA is requesting that OMB extend its approval of the information
  collection requirements specified in the Underground Construction
  Standard (29 CFR 1926.800). The Agency requests an adjustment increase
  of 9,546 burden hours (from 66,931 to 76,477 hours). The increase in
  burden hours results from an increase in the number of construction
  sites based on updated data. The Agency will summarize the comments
  submitted in response to this notice and will include this summary in
  the request to OMB.
      Type of Review: Extension of a currently-approved collection.
      Title: Underground Construction Standard (29 CFR 1926.800).
      OMB Control Number: 1218-0067.
      Affected Public: Business or other for-profits; not-for-profit
  institutions; Federal Government; State, Local or Tribal governments.
      Number of Respondents: 461.
      Total Responses: 1,171,439.
      Frequency of Responses: On occasion.
      Average Time: Various.
      Estimated Total Burden Hours: 76,477.
      Estimated Cost (Operation and Maintenance): $165,600.

  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, 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 (OSHA Docket No. 2011-0029) for the ICR. You may
  supplement submissions by uploading documents 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 and include
  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 available
  from the Web site, and for assistance in using the Internet to locate
  docket submissions.

  V. Authority and Signature

      Dorothy Dougherty, 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 June 14, 2017.
  Dorothy Dougherty,
  Deputy Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2017-12809 Filed 6-19-17; 8:45 am]
   BILLING CODE 4510-26-P




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