[Federal Register Volume 66, Number 111 (Friday, June 8, 2001)]
[Notices]
[Pages 30953-30954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14499]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0003(2001)]


Gear-Certification Forms (29 CFR Part 1919); 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: Notice of an opportunity for public comment.

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SUMMARY: OSHA solicits comments concerning its request to decrease the 
existing burden-hour estimates for, and to extend OMB approval of, the 
information-collection requirements specified in the gear-certification 
forms required by 29 CFR part 1919 (``Gear Certification''). The 
reference numbers and titles of these forms are 70 (``Application for 
Accreditation to Perform Gear Certification Functions''; Rev. July 
1993), 71 (``Certificate of Unit Test and/or Examination of Crane, 
Derrick, or Other Material''; Rev. July 1993), and 72 (``Notice to 
Owner of Deficiencies Found on Certification Survey''; Rev. July 1993). 
The Agency believes these forms provide an effective and efficient 
means to apply for accreditation to certify material-handling devices 
used in marine terminals and longshoring, and for OSHA, employers, and 
employees to determine if these devices are safe to operate.

DATES: Submit written comments on or before August 7, 2001.

ADDRESSES: Submit written comments to the Docket Office, Docket No. 
ICR-1218-0003(2001), OSHA, U.S. Department of Labor, Room N-2625, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2350. Commenters may transmit written comments of 10 pages or less in 
length by facsimile to (202) 693-1648.

FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Safety 
Standards Programs, OSHA, U.S. Department of Labor, Room N-3609, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2222. A copy of the Agency's Information-Collection Request (ICR) 
supporting the need for the information collections specified in OSHA 
gear-certification forms 70, 71, and 72 is available for inspection and 
copying in the Docket Office or by requesting a copy from Theda Kenney 
at (202) 693-2222 or Todd Owen at (202) 693-2444. For electronic copies 
of the ICR contact OSHA on the Internet at http://www.osha.gov/comp-links.html, and select ``Information Collection Requests.''

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 (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 understandable, and OSHA's 
estimate of the information-collection burden is correct. The 
Occupational Safety and Health Act of 1970 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 provisions of 29 CFR part 1919 (``Gear Certification'') require 
the use of three gear-certification forms. The reference numbers and 
titles of these forms are 70 (``Application for Accreditation to 
Perform Gear Certification Functions''; Rev. July 1993), 71 
(``Certificate of Unit Test and/or Examination of Crane, Derrick, or 
Other Material''; Rev. July 1993), and 72 (``Notice to Owner of 
Deficiencies Found on Certification Survey''; Rev. July 1993).
    Paragraph (a) of Sec. 1919.3 (``Application for Accreditation'') 
specifies that a person (i.e., an individual, partnership, corporation, 
agency, association, or organization) seeking accreditation from OSHA 
to test and examine material-handling devices as required by parts 1917 
(``Marine Terminals'') and 1918 (``Longshoring'') must file an 
application form provided by the Agency; OSHA currently uses form 70 
for this purpose. The form collects principally information regarding 
the applicant's past experience in testing and examining material-
handling devices. This Information is necessary for the Agency to 
evaluate the applicant's competence to test and examine these devices, 
and

[[Page 30954]]

serves as the basis for accrediting the applicant to certify the 
devices for safe operation. Once accredited, OSHA designates the 
applicant as an ``accredited person.''
    Under paragraph (a) and (b) of Sec. 1919.90 (``Documentation''), if 
an accredited person tests and examines a material-handling device and 
finds that it is in compliance with applicable Agency requirements, 
they must certify the device using a form approved by OSHA; currently, 
the Agency authorizes accredited persons to use of form 71 to certify 
these devices. Form 71 collects the following information: Name of the 
device's owner; a description of the device (i.e., type, manufacturer, 
model, serial number, owner's identification (if any), and boom length 
and type); the location of the device; service status (i.e., lifting, 
clamshell, magnet, or other); test loads applied (i.e., radius, proof 
loads, rated loads, means used to apply the proof load, and the basis 
for assigning load ratings), remarks and limitations; presence of 
fitted and non-fitted devices indicating load or limit, including the 
accuracy of these devices; the name and address of the accredited or 
otherwise authorized organization conducting the test and/or 
examination; the name, address, and signature of the authorized person 
conducting the test and/or examination; the position of the signatory 
in the organization conducting the test and/or examination; and the 
certification date. This information is necessary to accurately 
identify the certified device, ensure that it underwent proper testing 
and examination, specify any operating limitations, and ensure that an 
authorized person conducted the tests and examinations and provided 
certification. Accordingly, form 71 assures employers and employees 
that an accredited person properly administered the applicable testing 
and examination requirements and found the device safe to operate under 
the conditions specified in the certificate.
    The Agency adopted form 72 in response to paragraph (a) of 
Sec. 1919.12 (``Recordkeeping and Related Procedures Concerning Records 
in Custody of the Vessel''), which requires completion and maintenance 
of a register that describes detailed findings of inspections and 
examinations conducted under specified provisions of 29 CFR part 1919. 
While form 71 provides findings that support certification of material-
lifting devices, OSHA approved form 72 to document deficiencies found 
during a certification survey. The information requested by form 72 
includes: Name of the device's owner; identification, location, and 
specific description of the device; a detailed description of each 
deficiency found during the survey; and the same information regarding 
the accredited or otherwise authorized organization, authorized person, 
and signatory conducting the test and/or examination contained on form 
71. Similar to form 71, the information on this form permits employers 
and employees to readily identify deficient material-lifting devices 
and to avoid operating them. In addition, form 72 informs mechanics 
regarding the servicing and repair problems of deficient devices. Prior 
to returning a device to service, employers can review the form to 
ensure that the mechanics performed the necessary repairs and 
maintenance.
    Taken together, forms 71 and 72 ensure that employers use only 
devices that are in safe working order, thereby preventing serious 
injury and death to operators and other employees who use or work near 
the devices. These forms also provide the most efficient means for an 
OSHA compliance officer to determine the operating status of a device 
and that employers are using only properly certified devices.

II. 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 on employers who must comply; for 
example, by using automated or other technological information-
collection and -transmission techniques.

III. Proposed Actions

    OSHA is requesting a decrease in the existing burden-hour estimate 
for, as well as an extension of OMB approval of, the collection-of-
information requirements specified in its gear-certification forms 70, 
71, and 72. Accordingly, the Agency is requesting to decrease the 
current burden-hour estimate from 93 hours to 76 hours, a total 
reduction of 17 hours. This reduction occurred because of a decrease in 
the time estimated for employers to provide forms 71 and 72 to an OSHA 
compliance officer during an inspection. The Agency will summarize the 
comments submitted in response to this notice, and will include this 
summary in its request to OMB to extend its approval of these 
information-collection requirements.
    Type of Review: Extension of currently approved information-
collection requirements.
    Title: Gear-Certification Forms.
    OMB Number: 1218-0003.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; State, local or tribal governments.
    Number of Respondents: 80.
    Frequency of Response: Quadrennially; annually.
    Average Time per Response: Varies from 2 minutes (.03 hour) for an 
employer to retrieve a copy of form 71 or 72 during an OSHA inspection 
to 45 minutes (.75 hour) for an applicant to complete form 70.
    Estimated Total Burden Hours: 76.
    Estimated Cost (Operation and Maintenance): $713,181.

IV. Authority and Signature

    R. Davis Layne, Acting 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. 3-2000 (65 FR 
50017).

    Signed at Washington, DC on June 4, 2001.
R. Davis Layne,
Acting Assistant Secretary of Labor.
[FR Doc. 01-14499 Filed 6-7-01; 8:45 am]
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