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###### Department of Labor

###### Occupational Safety and Health Administration 

          - [Docket No. OSHA-2008-0040] 

# AGENCY:

Occupational Safety and Health Administration (OSHA), Labor. 

# ACTION:

Request for public comment. 

# SUMMARY:

OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirement contained in the Standard on Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial Lifts) (29 CFR 1910.67). The purpose of the requirement is to reduce employees' risk of death or serious injury by ensuring that aerial lifts are in safe operating condition. 

# DATES:

Comments must be submitted (postmarked, sent, or received) by December 1, 2008. 

# ADDRESSES:

*Electronically:*                         You may submit comments and attachments electronically at                         *http://www.regulations.gov*, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments.                     

*Facsimile:*                         If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-1648.                     

*Mail, hand delivery, express mail, messenger, or courier service:*                         When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0040, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.                     

*Instructions:*                         All submissions must include the Agency name and OSHA docket number for the ICR (OSHA-2008-0040). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at                         *http://www.regulations.gov.*                         For further information on submitting comments see the “Public                               ( print page 57385)                            Participation” heading in the section of this notice titled “Supplementary Information.”                     

*Docket:*                         To read or download comments or other material in the docket, go to                         *http://www.regulations.gov*                         or the OSHA Docket Office at the address above. All documents in the docket (including this                         **Federal Register**                         notice) are listed in the                         *http://www.regulations.gov*                         index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR.                     

# FOR FURTHER INFORMATION CONTACT:

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

# 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 (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 OSH 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). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657).                 

*Manufacturer's Certification of Modifications (paragraph (b)(2)).*                     The Standard requires that when aerial lifts are “field modified” for uses other than those intended by the manufacturer, the manufacturer or other equivalent entity, such as a nationally recognized testing laboratory, must certify in writing that the modification is in conformity with all applicable provisions of ANSI A92.2-1969 and the OSHA standard and that the modified aerial lift is at least as safe as the equipment was before modification. Employers are to maintain the certification record and make it available to OSHA compliance officers. This record provides assurance to employers, employees, and compliance officers that the modified aerial lift is safe for use, thereby, preventing failure while employees are being elevated. The certification record also provides the most efficient means for the compliance officers to determine that an employer is complying with the Standard.                 

## II. Special Issues for Comment 

OSHA has a particular interest in comments on the following issues: 
    - Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful;
    - 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;
    - The quality, utility, and clarity of the information collected; and
    - 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 that OMB extend its approval of the information collection requirement contained in the Standard on Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial Lifts) (29 CFR 1910.67). The Agency wishes to retain its current estimate of 21 burden hours. The Agency will summarize the comments submitted in response to this notice and will include this summary in the request to OMB. 

*Type of Review:*                     Extension of a currently approved collection.                 

*Title:*                     Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial Lifts) (29 CFR 1910.67).                 

*OMB Number:*                     1218-0230.                 

*Affected Public:*                     Business or other for-profits; Not-for-profit organizations; Federal Government; State, Local, or Tribal Government.                 

*Number of Respondents:*                     1,000.                 

*Frequency of Response:*                     On occasion.                 

*Average Time Per Response:*                     Ranges from 1 minute (.02 hour) to maintain the manufacturer's certification record to 2 minutes (.03 hour) to disclose the record to an OSHA Compliance Officer.                 

*Estimated Total Burden Hours:*                     21.                 

*Estimated Cost (Operation and Maintenance):*                     $0.                 

## IV. Public Participation—Submission of Comments on this Notice and Internet Access to Comments and Submissions 

                    You may submit comments in response to this document as follows: (1) Electronically at                     *http://www.regulations.gov,*                     which is the Federal eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2008-0040). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled “                    **ADDRESSES**                    ”). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments.                 

Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627). 

                    Comments and submissions are posted without change at                     *http://www.regulations.gov.*                     Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the                     *http://www.regulations.gov*                     index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the                     *http://www.regulations.gov*                     Web site to submit comments and access the docket is available at the Web site's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions.                 

## V. Authority and Signature 

                    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational                           ( print page 57386)                        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. 5-2007 (72 FR 31159).                 

Signed at Washington, DC, on September 23rd, 2008. 

Edwin G. Foulke, Jr. 

Assistant Secretary of Labor for Occupational Safety and Health.

 [FR Doc. E8-23134 Filed 10-1-08; 8:45 am] 

BILLING CODE 4510-26-P