[Federal Register Volume 69, Number 239 (Tuesday, December 14, 2004)]
[Notices]
[Pages 74539-74541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27352]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0067/(2005)]


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 comment.

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SUMMARY: OSHA solicits comments concerning its proposal to extend OMB 
approval of the Information Collection Requirements contained in the 
Underground Construction Standard (29

[[Page 74540]]

CFR part 1926.800). This standard contains information collection 
requirements for posting warning signs and notices, certifying 
inspection records for hoists, and developing and maintaining records 
for air-quality tests.

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received) 
by February 14, 2005).
    Facsimile and electronic transmissions: Your comments must be 
received by February 14, 2005.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218+0067(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 9202) 693-2350 (OSHA's TTY number 
is (877) 889-5627). OSHA Docket Office and Department of Labor hours at 
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 Web page 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 Web page 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 on submitting comments, please see the 
``Public Participation'' heading in the SUPPLEMENTARY INFORMATION 
section of the 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:

1. Public Participation--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 
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 this 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).
    Posting warning signs or notices. Seven paragraphs in the 
Underground Construction Standard (``the Standard'') 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 employees to the 
presence of hazards or potential hazards at the job site, thereby 
preventing employee exposure to hazards or potential hazards associated 
with underground construction that could cause death or serious harm.
    Certification inspection records for hoist. Paragraph (t)(i)(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 employees 
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.
    Developing and maintaining records for air-quality tests. 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 allow employers to 
document atmospheric hazards, and to ascertain the effectiveness of 
controls (especially

[[Page 74541]]

ventilation) and implement additional controls if necessary. 
Accordingly, these requirements prevent serious injury and death to 
employees who work on underground-construction projects. In addition, 
these records provide an efficient means for employees 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.

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 
cost) 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 of 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 
in the Underground Construction Standard (29 CFR part 1926.800). 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.
    Title: Underground Construction (29 CFR part 1926.800).
    OMB Number: 1218-0067.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; State, local, or tribal governments.
    Number of Respondents: 323.
    Frequency of Response: Varies from recording air-quality tests 
twice per shift to posting a warning sign or notice once every two 
years.
    Average Time per Response: Varies from 30 seconds to read and 
record air-quality test results to one hour to inspect, load test, and 
complete and maintain a certification record for a hoist.
    Estimated Total Burden Hours: 57,464.
    Estimated Cost (Operation and Maintenance): $0.

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 December 7, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-27352 Filed 12-13-04; 8:45 am]
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