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###### Department of Labor

###### Occupational Safety and Health Administration

          - [Docket No. OSHA-2010-0038]

# AGENCY:

Occupational Safety and Health Administration (OSHA), Labor.

# ACTION:

Request for public comment.

# SUMMARY:

OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements contained in paragraphs (b)(1), (b)(6)(i), (b)(6)(ii), (c)(15)(ii), (e)(1)(i), (ii), and (iii) and (f)(2) of the Standard on Rigging Equipment for Material Handling (29 CFR 1926.251). These paragraphs require affixing identification tags or markings on rigging equipment, developing and maintaining inspection records, and retaining proof-testing certificates.

# DATES:

Comments must be submitted (postmarked, sent, or received) by October 25, 2010.

# 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, OSHA Docket No. OSHA-2010-0038, 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 Information Collection Request (ICR) (OSHA Docket No. 2010-0038). 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 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 (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 OSH Act) (29 U.S.C. 651*et seq.*) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH 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).                

Paragraph (b)(1) requires that alloy steel chains have permanently affixed durable identification tags stating size, grade, rated capacity and sling manufacturer. Paragraph (b)(6)(i) requires the employer to make a thorough periodic inspection of alloy steel chain slings in use on a regular basis, but at least once a year. Paragraph (b)(6)(ii) requires the employer to make and maintain a record of the most recent month in which each alloy steel chain was inspected and make the record available for examination.

Paragraph (c)(15)(ii) requires that all welded end attachments of wire rope slings be proof tested by the manufacturer at twice their rated capacity prior to initial use, and that the employer retain a certificate of the proof test and make it available for examination.

Paragraphs (e)(1)(i), (ii), and (iii) require that synthetic web slings be marked or coded to show the manufacturer's name or trademark, the rated capacity for the type of hitch and the type of synthetic webbing material.

Paragraph (f)(2) requires that all hooks for which no applicable manufacturer's recommendations are available be tested twice before they are put into use. The employer shall maintain a record of the dates and results of the tests.

## 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 requirements contained in the Standard on Rigging Equipment for Material Handling (29 CFR 1926.251). The Agency is requesting an adjustment decrease of 4,520 burden hours (from 56,335 hours to 51,815 hours). This decrease is a result of new data indicating a drop in the number of cranes and derricks from 132,737 to 122,091. The Agency will summarize                           ( print page 52034)                        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:*                     Rigging Equipment for Material Handling (29 CFR 1926.251).                

*OMB Control Number:*                     1218-0233.                

*Affected Public:*                     Business or other for-profits.                

*Number of Respondents:*                     1,220,910.                

*Frequency:*                     On occasion.                

*Average Time per Response:*                     Average of 3 minutes (.05 hour) for an employer to maintain and disclose a certificate to 30 minutes (.50 hour) for an employer to acquire information and make a tag for a sling.                

*Estimated Total Burden Hours:*                     51,815.                

*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 (OSHA Docket No. 2010-0038). 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.                

                    Electronic copies of this                     **Federal Register**                     document are available at                     *http://www.regulations.gov*. This document as well as news releases and other relevant information also are available at OSHA's Web page at                     *http://www.osha.gov*.                

## V. Authority and Signature

                    David Michaels, PhD, MPH, 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. 5-2007 (72 FR 31160).                

Signed at Washington, DC, on August 19, 2010.

David Michaels,

Assistant Secretary of Labor for Occupational Safety and Health.

[FR Doc. 2010-21050 Filed 8-23-10; 8:45 am]

BILLING CODE 4510-26-P