45316 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices 

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 

Loren Sweatt, Deputy 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. 1–2012 (77 FR 3912). 

Signed at Washington, DC, on September 

19, 2017. 

Loren Sweatt, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2017–20771 Filed 9–27–17; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket ID OSHA–2012–0029] 

Hawaii State Plan for Occupational 

Safety and Health; Operational Status 

Agreement 

AGENCY: Occupational Safety and Health 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: This document announces a 

new Operational Status Agreement 

between the Occupational Safety and 

Health Administration (OSHA) and the 

Hawaii State Plan. This agreement 

specifies the respective areas of federal 

and state authority, and under which 

Hawaii will reassume enforcement 

coverage in the private sector. 

DATES: Effective September 28, 2017. 

FOR FURTHER INFORMATION CONTACT: For 

press inquiries: Francis Meilinger, 

OSHA Office of Communications; 

telephone (202) 693–1999; email: 

meilinger.francis2@dol.gov. 

For general and technical information: 

Douglas J. Kalinowski, Director, OSHA 

Directorate of Cooperative and State 

Programs; telephone: (202) 693–2200; 

email: kalinowski.doug@dol.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Hawaii administers an OSHAapproved State Plan to develop and 

enforce occupational safety and health 

standards for public-sector and privatesector employers, pursuant to the 

provisions of Section 18 of the 

Occupational Safety and Health Act 

(OSH Act), 29 U.S.C. 667. Pursuant to 

Section 18(e) of the Act, OSHA granted 

Hawaii ‘‘final approval’’ in 1984 (49 FR 

19182, May 4, 1984). A final approval 

determination results in the 

relinquishment of federal concurrent 

enforcement authority in the state with 

respect to occupational safety and 

health issues covered by the plan, 29 

U.S.C. 667(e). 

During the period 2009–2012, the 

Hawaii State Plan faced major budgetary 

and staffing restraints that significantly 

affected its program. Therefore, the 

Hawaii Director of Labor and Industrial 

Relations requested a temporary 

modification of the State Plan’s 

approval status from final approval to 

initial approval, to permit exercise of 

supplemental federal enforcement 

activity and to allow Hawaii sufficient 

time and assistance to strengthen its 

State Plan. On September 21, 2012, 

OSHA published a Final Rule in the 

Federal Register (77 FR 58488) that 

modified the Hawaii State Plan’s ‘‘final 

approval’’ determination under Section 

18(e) of the Act, transitioned the Plan to 

‘‘initial approval’’ status under Section 

18(b) of the Act, and reinstated 

concurrent federal enforcement 

authority over occupational safety and 

health issues in the private sector. That 

Federal Register notice also provided 

notice of the Operational Status 

Agreement (OSA) between OSHA and 

the Hawaii Occupational Safety and 

Health Division (HIOSH), which 

specified the respective areas of federal 

and state authority. 

HIOSH and OSHA have since worked 

together to strengthen the State Plan, 

and HIOSH has achieved the milestones 

established to resume practically all 

private-sector enforcement authority. 

Notice of New Operational Status 

Agreement 

OSHA and HIOSH signed a new OSA 

on April 13, 2017, which replaced the 

prior 2012 OSA. Federal OSHA and 

HIOSH will exercise their respective 

enforcement authorities according to the 

terms of the 2017 OSA between OSHA 

and HIOSH, which specifies the 

respective areas of federal and state 

authority. Among other things, Federal 

OSHA retains coverage over all federal 

employees, contractors, and 

subcontractors at Hawaii National Parks 

and on any other federal establishment 

where the land is determined to be 

under exclusive federal jurisdiction; 

private-sector maritime activities; 

private-sector employees within the 

secured borders of all military 

installations where access is controlled; 

the U.S. Postal Service, its contract 

workers, and contractor-operated 

facilities; and the enforcement of 

Section 11(c) of the Act, 29 U.S.C. 

660(c), the Act’s whistleblower 

provision. The Hawaii State Plan retains 

coverage over all state and local 

government employers and regains 

coverage over all private-sector 

employers not covered by federal 

OSHA, including marine construction 

not performed on vessels or other 

floating facilities. For further 

information please visit http://

www.osha.gov/dcsp/osp/stateprogs/ 

hawaii.html. 

Authority and Signature 

Loren Sweatt, Deputy Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, authorized the preparation of this 

notice. OSHA is issuing this notice 

under the authority specified by Section 

18 of the Occupational Safety and 

Health Act of 1970 (29 U.S.C. 667), 

Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices 45317 

Secretary of Labor’s Order No. 1–2012 

(76 FR 3912), and 29 CFR part 1902. 

Signed in Washington, DC, on September 

21, 2017. 

Loren Sweatt, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2017–20760 Filed 9–27–17; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2011–0062] 

Powered Industrial Trucks 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 public comments. 

SUMMARY: OSHA solicits public 

comments concerning its proposal to 

extend the Office of Management and 

Budget’s (OMB) approval of the 

information collection requirements 

specified in the Powered Industrial 

Trucks Standard. The information 

collection requirements address truck 

design, construction and modification, 

as well as certification of training and 

evaluation for truck operators. 

DATES: Comments must be submitted 

(postmarked, sent, or received) by 

November 27, 2017. 

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 a 

copy of your comments and attachments 

to the OSHA Docket Office, Docket No. 

OSHA–2011–0062, Occupational Safety 

and Health Administration, U.S. 

Department of Labor, Room N–3653, 

200 Constitution Avenue NW., 

Washington, DC 20210. Deliveries 

(hand, express mail, messenger, and 

courier service) are accepted during the 

Docket Office’s normal business hours, 

10:00 a.m. to 3:00 p.m., ET. 

Instructions: All submissions must 

include the Agency name and the OSHA 

docket number (OSHA–2011–0062) for 

the Information Collection Request 

(ICR). 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 from 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; 

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 accord with the 

Paperwork Reduction Act of 1995 (PRA) 

(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 (a)(4) of the Powered 

Industrial Trucks Standard requires 

employers to obtain the manufacturer’s 

written approval before modifying a 

truck in a manner that affects its 

capacity and safe operation; if the 

manufacturer grants such approval, the 

employer must revise capacity, 

operation, and maintenance instruction 

plates, tags, and decals accordingly. For 

front-end attachments not installed by 

the manufacturer, paragraph (a)(5) 

mandates that employers provide a 

marker on the trucks that identifies the 

attachment, as well as the weight of 

both the truck and the attachment when 

the attachment is at maximum elevation 

with a laterally centered load. Paragraph 

(a)(6) specifies that employers must 

ensure that the markers required by 

paragraphs (a)(3) through (a)(5) remain 

affixed to the trucks and are legible. 

Paragraphs (1)(4) and (1)(6) of the 

Standard contain the paperwork 

requirements necessary to certify the 

evaluation and training provided to 

powered industrial truck operators. 

Accordingly, these paragraphs specify 

the following requirements for 

employers. 

• Paragraph (1)(4)(iii)—Evaluate each 

operator’s performance at least once 

every three years. 

• Paragraph (l)(6)—Certify that each 

operator meets the training and 

evaluation requirements specified by 

paragraph (l). This certification must 

include the operator’s name, the 

training date, the evaluation date, and 

the identity of the individual(s) who 

performed the training and evaluation. 

Requiring labels (markings) on 

modified equipment notifies workers of 

the conditions under which they can 

safely operate powered industrial 

trucks, thereby preventing such hazards 

as fires and explosions caused by poorly 

designed electrical systems, rollovers/ 

tipovers that result from exceeding a 

truck’s stability characteristics, and 

falling loads that occur when loads 

exceed the lifting capacities of 

attachments. Certification of worker 

training and evaluation provides a 

means of informing employers that their 

workers received the training and 

demonstrated the performance 

necessary to operate a truck within its 

capacity and control limitations. By 

ensuring that workers operate only 

trucks that are in proper working order, 

and do so safely, employers prevent 

possible severe injury or death of truck 

operators and other workers who are in 

the vicinity of the trucks. Finally, these 

paperwork requirements are the most 

efficient means for an OSHA