22154 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices 

Dated: April 12, 2011. 

Patricia W. Silvey, 

Certifying Officer. 

[FR Doc. 2011–9193 Filed 4–19–11; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2011–0062] 

Powered Industrial Trucks 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. 

SUMMARY: OSHA solicits public 

comments concerning its proposal to 

extend OMB approval of the 

information collection requirements 

contained in the Powered Industrial 

Trucks Standard (29 CFR 1910.178). The 

information collection requirements 

address truck design, construction, and 

modification, as well as certification of 

training and evaluation for truck 

operators. 

DATES: Comments must be submitted 

(postmarked, sent, or received) by June 

20, 2011. 

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–2011–0062, U.S. Department of 

Labor, Occupational Safety and Health 

Administration, 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–2011–0062) 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 through 

the website. 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 (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 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). 

Paragraph (a)(4) of the Standard 

requires that employers obtain the 

manufacturer’s written approval before 

modifying a truck in a manner that 

affects its capacity and safe operation; if 

the manufacturer grants such approval, 

the employer must revise capacity, 

operation, and maintenance instruction 

plates, tags, and decals accordingly. For 

front-end attachments not installed by 

the manufacturer, paragraph (a)(5) 

mandates that employers provide a 

marker on the trucks that identifies the 

attachment, as well as the weight of 

both the truck and the attachment when 

the attachment is at maximum elevation 

with a laterally centered load. Paragraph 

(a)(6) specifies that employers must 

ensure that the markers required by 

paragraphs (a)(3) through (a)(5) remain 

affixed to trucks and are legible. 

Paragraphs (l)(1) through (l)(6) of the 

Standard contain the paperwork 

requirements necessary to certify the 

training provided to powered industrial 

truck operators. Accordingly, these 

paragraphs specify the following 

requirements for employers: 

• Paragraph (l)(1)—Ensure that 

trainees successfully complete the 

training and evaluation requirements of 

paragraph (l) prior to operating a truck 

without direct supervision. 

• Paragraph (l)(2)—Allow trainees to 

operate a truck only under the direct 

supervision of an individual with the 

knowledge, training, and experience to 

train operators and to evaluate their 

performance, and under conditions that 

do not endanger other employees. The 

training program must consist of formal 

instruction, practical training, and 

evaluation of the trainee’s performance 

in the workplace. 

• Paragraph (l)(3)—Provide the 

trainees with initial training on each of 

22 specified topics, except on topics 

that the employer demonstrates do not 

apply to the safe operation of the 

truck(s) in the employer’s workplace. 

• Paragraphs (l)(4)(i) and (l)(4)(ii)— 

Administer refresher training and 

evaluation on relevant topics to 

operators found by observation or 

formal evaluation to have operated a 

truck unsafely, been involved in an 

accident or near-miss incident, or been 

assigned to operate another type of 

truck, or if the employer identifies a 

workplace condition that could affect 

safe truck operation. 

• Paragraph (l)(4)(iii)—Evaluate each 

operator’s performance at least once 

every three years. 

• Paragraph (l)(5)—Train rehires only 

in specific topics that they performed 

unsuccessfully during an evaluation and 

that are appropriate to the employer’s 

truck(s) and workplace conditions. 

• Paragraph (l)(6)—Certify that each 

operator meets the training and 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices 22155 

evaluation requirements specified by 

paragraph (l). This certification must 

include the operator’s name, the 

training date, the evaluation date, and 

the identity of the individual(s) who 

performed the training and evaluation. 

Requiring labels (markings) of 

modified equipment notifies employees 

of the conditions under which they can 

safely operate powered industrial 

trucks, thereby preventing such hazards 

as fires and explosions caused by poorly 

designed electrical systems, rollovers/ 

tipovers that result from exceeding a 

truck’s stability characteristics, and 

falling loads that occur when loads 

exceed the lifting capacities of 

attachments. Certification of training 

and evaluation provides a means of 

informing employers that their 

employees received the training and 

demonstrated the performance 

necessary to operate a truck within its 

capacity and control limitations. 

Therefore, by ensuring that employees 

operate only trucks that are in proper 

working order, and do so safely, 

employers prevent possible severe 

injury or death of truck operators and 

other employees who are in the vicinity 

of the trucks. Finally, these paperwork 

requirements are the most efficient 

means for an OSHA compliance officer 

to determine that an employer properly 

notified employees regarding the design 

and construction of, and modifications 

made to, the trucks they are operating, 

and that their employer provided them 

with the required training. 

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 contained in the 

Standard on Powered Industrial Trucks 

(29 CFR 1910.178). The Agency is 

requesting an increase to its current 

burden hour estimate of 33,706 hours 

(from 854,538 hours to 888,244 hours). 

The increase is due to updated data 

indicating a rise in the number of 

powered industrial trucks from 

1,134,699 to 1,179,441 and the number 

of operators from 1,702,048 to 

1,769,162. 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: Powered Industrial Trucks (29 

CFR 1910.178). 

OMB Number: 1218–0242. 

Affected Public: Business or other forprofits. 

Number of Respondents: 1,769,162. 

Frequency: On occasion; annually; 

triennially. 

Average Time per Response: Ranges 

from two minutes (.03 hour) to mark an 

approved truck to 6.50 hours to train 

new truck operators. 

Estimated Total Burden Hours: 

888,244. 

Estimated Cost (Operation and 

Maintenance): $247,695. 

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–2011–0062). 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 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, PhD, 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. 4–2010 (72 FR 55355). 

Signed at Washington, DC, on April 15, 

2011. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2011–9569 Filed 4–19–11; 8:45 am] 

BILLING CODE 4510–26–P 

MARINE MAMMAL COMMISSION 

Sunshine Act Notice 

TIME AND DATE: The Marine Mammal 

Commission and its Committee of 

Scientific Advisors on Marine Mammals 

will meet on Tuesday, 10 May 2011, 

from 1 p.m. to 6 p.m.; Wednesday, 11 

May 2011, from 8:30 a.m. to 6 p.m.; and 

Thursday, 12 May 2011, from 8:30 a.m. 

to 5 p.m. The Commission and the 

Committee will meet in executive 

session on Tuesday, 10 May 2011, from 

9:30 to 11:30 a.m. 

PLACE: Astor Crown Plaza Hotel, 739 

Canal Street, New Orleans, LA 70130; 

telephone: 504–962–0500; fax: 504– 

962–0503. 

STATUS: The executive session will be 

closed to the public in accordance with 

the provisions of the Government in the 

Sunshine Act (5 U.S.C. 552b) and 

applicable regulations. The session will 

be for internal discussions of process, 

personnel, and the budget of the 

Commission. All other portions of the 

meeting will be open to the public. 

Public participation will be allowed as 


srobinson on DSKHWCL6B1PROD with NOTICES