[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Notices]
[Pages 70710-70711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26806]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0137 (2005)]


Design of Cave-in Protection Systems; Extension of the Office of 
Management and Budget's (OMB) Approval of Information-Collection 
Requirements (Paperwork)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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SUMMARY: OSHA solicits comments concerning its request for an extension 
of the information-collection requirements contained in 29 CFR 1926.652 
Requirements for Protective Systems.

DATES: Comments must be submitted by the following dates:
    Hard Copy: Your comments must be submitted (postmarked or received) 
by February 7, 2005.
    Facsimile and electronic transmission: Your comments must be 
received by February 7, 2005.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0137 (2005), 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). The OSHA Docket Office and Department of Labor 
hours of operation are 8:15 a.m. to 4:45 p.m., ET.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, 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://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 Theda 
Kenney or Todd Owen at the address below to obtain a copy of the ICR.
    (For additional information on submitting comments, please see the 
``Public Participation'' heading in the SUPPLEMENTARY INFORMATION 
section of this document.)

FOR FURTHER INFORMATION CONTACT: Todd Owen or Theda Kenney, 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 document by (1) hard copy, (2) FAX transmission (facsimile), or 
(3) electronically through the OSHA Webpage.
    Because of security-related 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 Webpage are 
available at http://www.OSHA.gov. Contact the OSHA Docket Office for 
information about materials not available through the OSHA Webpage and 
for assistance using the Webpage to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other 
relevant documents are available on OSHA's Webpage.

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)

[[Page 70711]]

(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).
    Paragraphs (b) and (c) of Sec.  1926.652 (``Requirements for 
Protective Systems''; the ``Standard'') contain paperwork requirements 
that impose burden hours or costs on employers. These paragraphs 
require 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 
configuration and slopes for excavations, and provides appendices to 
assist employers in designing protective systems. However, paragraphs 
(b)(3) and (b)(4) of the Standard permit employers to design sloping or 
benching systems based on tabulated data (Option 1), or to use a design 
approved by a registered professional engineer (Option 2).
    Under Option 1, employers must provide the tabulated data in a 
written form that also identifies the registered professional engineer 
who approved the data and the parameters used to select the sloping or 
benching system drawn from the data, as well as the limitations of the 
data (including the magnitude and configuration of slopes determined to 
be safe); the document must also provide any explanatory information 
necessary to select the correct benching system based on the data. 
Option 2 requires employers to develop a written design approved by a 
registered professional engineer. The design information must include 
the magnitude and configuration of the slopes determined to be safe, 
and the identity of the registered professional engineer who approved 
the design.
    Paragraphs (c)(2), (c)(3), and (c)(4) allow employers to design 
support systems, shield systems, and other protective systems based on 
tabulated data provided by a system manufacturer (Option 3) or obtained 
from other sources and approved by a registered professional engineer 
(Option 4); they can also use a design approved by a registered 
professional engineer (Option 5). If they select Option 3, employers 
must complete a written form that provides the manufacturer's 
specifications, recommendations, and limitations, as well as any 
deviations approved by the manufacturer. The paperwork requirements of 
Option 4 are the same as for Option 1. Option 5 requires a written form 
that provides a plan indicating the sizes, types, and configurations of 
the materials used in the protective system and the identity of the 
registered professional engineer who approved the design.
    Each of these provisions requires employers to maintain a copy of 
the documents described in these options at the jobsite during 
construction. After construction is complete, employers may store the 
documents offsite provided they make them available to an OSHA 
compliance officer on request. These documents provide both the 
employer and the compliance officer with information needed to 
determine if the selection and design of a protective system are 
appropriate to the excavation work, thereby assuring employees of 
maximum protection against cave-ins.

III. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    <bullet> Whether the information-collection requirements are 
necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
    <bullet> The accuracy of the Agency's estimate of the burden (time 
and costs) of the information-collection requirements, including the 
validity of the methodology and assumptions used;
    <bullet> The quality, 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 
contained in 29 CFR 1926, Subpart Q, Concrete and Masonry Construction.
    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 currently approved information-
collection requirements.
    Title: Design of Cave-in Protection System.
    OMB Number: 1218-0137.
    Affected Public: Business or other for-profit.
    Number of Respondents: 20,000.
    Frequency of Response: On occasion.
    Total Responses: 20,000.
    Average Time per Response: Two hours to obtain information on the 
design of cave-in protection systems.
    Estimated Total Burden Hours: 20,000 hours.
    Estimated Cost (Operation and Maintenance): $721,100.

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), and Secretary of Labor's Order No. 5-2002 (67 FR 65008).

    Signed at Washington, DC on November 30, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-26806 Filed 12-6-04; 8:45 am]
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