[Federal Register Volume 69, Number 184 (Thursday, September 23, 2004)]
[Notices]
[Pages 57098-57099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21359]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0054(2004)]


Cranes and Derricks Standard for Construction: Recording Tests 
for Toxic Gases and Oxygen-Deficient Atmospheres in Enclosed Spaces; 
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 comment.

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SUMMARY: OSHA solicits comments concerning its request of ran extension 
of the information collection requirement specified by paragraph 
(a)(11) of the Cranes and Derricks Standard for Construction (29 CFR 
1926.550). If a crane or derrick powered by an internal-combustion 
engine is exhausting into an enclosed space that employees occupy or 
will occupy, this paragraph requires employers to record tests made of 
the breathing air in the space to ensure that adequate oxygen is 
available and that concentrations of toxic gases are at safe levels.

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received) 
by November 22, 2004.
    Facsimile and electronic transmission: Your comments must be 
received by November 22, 2004.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0054(2004), by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number 
is (877) 889-5627). OSHA Docket Office and Department of Labor hours 
are 8:15 a.m. to 4:45 p.m., ET.
    Facsimile: If your comments are 10 pages or fewer in length, 
including attachments, you may fax them to the OSHA Docket Office at 
(202) 693-1648.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov. Follow instructions on the OSHA Webpage for 
submitting comments.
    Docket: For access to the docket to read or download comments or 
background materials, such as the complete Information Collection 
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and 
attachments), go to OSHA's Webpage at http://www.OSHA.gov. Comments, 
submissions, and the ICR are available for inspection and copying at 
the OSHA Docket Office at the address above. You may also contact Todd 
Owen at the address below to obtain a copy of the ICR.
    (For additional information and submitting comments, please see the 
``Public Participation'' heading in the SUPPLEMENTARY INFORMATION 
section of this document.)

FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Standards 
and Guidance, OSHA, Room N-3609, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Submission of Comments on This Notice and Internet Access to 
Comments and Submissions

    You may submit comments and supporting materials in response to 
this notice by (1) hard copy, (2) fax transmission (facsimile), or (3) 
electronically through the OSHA Web page. Because of security related

[[Page 57099]]

problems, there may be a significant delay in the receipt of comments 
by regular mail. Please contact the OSHA Docket Office at (202) 693-
2350 (TTY (877) 889-5627) for information about security procedures 
concerning the delivery of materials by express delivery, hand delivery 
and messenger service.
    All comments, submissions and background documents are available 
for inspection and copying at the OSHA Docket Office at the above 
address. Comments and submissions posted on OSHA's Web page are 
available at http://www.OSHA.gov. Contact the OSHA Docket Office for 
information about materials not available through the OSHA Web page and 
for assistance using the Web page to locate docket submissions.
    Electronic copies of the Federal Register notice as well as other 
relevant documents are available on OSHA's Web page.

II. 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-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 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).
    Paragraph (a)(11) of OSHA's Cranes and Derricks Standard for 
Construction (Sec. 1926.550) addresses conditions in which a crane or 
derrick powered by an internal-combustion engine is exhausting in an 
enclosed space that employees occupy or will occupy. Under these 
conditions, employers must record tests made of the breathing air in 
the space to ensure that adequate oxygen is available and that 
concentrations of toxic gases are at safe levels.
    Establishing a test record allows employers to document oxygen 
levels and specific atmospheric contaminants, ascertain the 
effectiveness of controls, implement additional controls if necessary, 
and readily provide this information to other crews and shifts who may 
work in the enclosed space. Accordingly, employers will prevent serious 
injury and death to equipment operators and other employees who use or 
work near this equipment in an enclosed space. In addition, these 
records provide the most efficient means of an OSHA compliance officer 
to determine that an employer performed the required tests and 
implemented appropriate controls.

III. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    <bullet> Whether the proposed information collection requirements 
are necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
    <bullet> 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;
    <bullet> The equality, utility, and clarity of the information 
collected; and
    <bullet> Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information 
collection and transmission techniques.

IV. Proposed Actions

    OSHA is proposing to extend the information collection requirements 
specified by paragraph (a)(11) of Sec. 1926.550. The Agency will 
summarize the comments submitted in response to this notice and will 
include this summary in its request to OMB to extend the approval of 
these information collection requirements contained in the Standard.
    Type of Review: Extension of currently approved information 
collection requirements.
    Time: Cranes and Derricks Standards for Construction; Recording 
Tests for Toxic Gases and Oxygen-Deficient Atmospheres in Enclosed 
Spaces (29 CFR 1926.550).
    OMB Number: 1218-0054.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; State, local, or Tribal governments.
    Number of Respondents: 50 (enclosed spaces).
    Frequency of Response: On occasion.
    Total Responses: 50.
    Average Time per Response: Two minutes (0.3 hour) to perform 
atmosphere testing and record the results.
    Estimated Total Burden Hours: 99 hours.
    Estimated Cost. (Operation and Maintenance): $9,000.

V. Authority and Signature

    John L. Henshaw, 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. 5-2002 (67 FR 
65008).

    Dated: Signed at Washington, DC on September 17, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-21359 Filed 9-22-04; 8:45 am]
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