```

[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Notices]
[Pages 65704-65705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26215]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary

Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Excavation Cave-in Protection System Design 
Standard

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (DOL) is submitting the Occupational 
Safety and Health Administration (OSHA) sponsored information 
collection request (ICR) titled, ``Excavation Cave-in Protection System 
Design Standard,'' to the Office of Management and Budget (OMB) for 
review and approval for continued use, without change, in accordance 
with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. 
Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before December 5, 2014.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201409-1218-002 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or by email at DOL_PRA_PUBLIC@dol.gov.
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
OSHA, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: OIRA_submission@omb.eop.gov. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor--OASAM, Office of 
the Chief Information Officer, Attn: Departmental Information 
Compliance Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov.

FOR FURTHER INFORMATION: Contact Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or by email 
at DOL_PRA_PUBLIC@dol.gov.

    Authority: 44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authorization 
for the information collections required in the design of a cave-in 
protection system that are codified in regulations 29 CFR part 1926, 
subpart P. Employers in the construction industry and OSHA compliance 
officers need this information to ensure cave-in protection systems are 
designed, installed, and used in a manner that adequately protects 
workers. More specifically, regulations 29 CFR 1926.652 paragraphs (b) 
and (c) contain paperwork requirements imposing burden hours or costs 
on employers. These paragraphs require subject 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 configurations and slopes 
for excavations, and it provides appendices to assist employers in 
designing protective systems. The regulations also provide options as 
to how the required records are developed. Occupational Safety and 
Health Act of 1970 sections 2(b)(9), 6(b)(7), and 8(c) authorize this 
information collection. See 29 U.S.C. 651(b)(9), 655(b)(7), 657(c).
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1218-0137.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and the current approval for this collection is 
scheduled to expire on December 31, 2014. The DOL seeks to extend PRA 
authorization for this information collection for three (3) more years, 
without any change to existing requirements. The DOL notes that 
existing information collection requirements submitted to the OMB 
receive a month-to-month extension while they undergo review. For 
additional substantive information about this ICR, see the related 
notice

[[Page 65705]]

published in the Federal Register on July 30, 2014 (79 FR 44199).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1218-0137. 
The OMB is particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    Agency: DOL-OSHA.
    Title of Collection: Excavation Cave-in Protection System Design 
Standard.
    OMB Control Number: 1218-0137.
    Affected Public: Private Sector--businesses or other for-profits.
    Total Estimated Number of Respondents: 8,152.
    Total Estimated Number of Responses: 14,266.
    Total Estimated Annual Time Burden: 14,266 hours.
    Total Estimated Annual Other Costs Burden: $216,721.

    Dated: October 30, 2014.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2014-26215 Filed 11-4-14; 8:45 am]
BILLING CODE 4510-26-P
```