81 FR 67006 - Aerial Lifts Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 189 (September 29, 2016)

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirement contained in the Aerial Lifts Standard. The only information collection requirement in the Aerial Lifts Standard is a certification provision, paragraph (a)(2). This provision requires an employer who modifies an aerial lift for a use not intended by the lift manufacturer (``field modified aerial lift'') to obtain from that manufacturer, or an equivalent entity (such as a nationally-recognized laboratory), a written certificate stating that: The modification conforms to the applicable provisions of ANSI A92.2-1969 and OSHA's Aerial Lifts Standard; and the modified aerial lift is at least as safe as it was before modification. Employers who modify an aerial lift for uses other than those provided by the manufacturer must obtain a certificate from the manufacturer or equivalent entity certifying that the modification is in conformance with applicable American National Standards Institute (ANSI) standards and OSHA's Aerial Lifts Standard, and that the equipment is as safe as it was prior to the modification.

[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 67006-67007]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23581]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0045]


Aerial Lifts 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.

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SUMMARY: OSHA solicits public comments concerning its proposal to 
extend OMB approval of the information collection requirement contained 
in the Aerial Lifts Standard. The only information collection 
requirement in the Aerial Lifts Standard is a certification provision, 
paragraph (a)(2). This provision requires an employer who modifies an 
aerial lift for a use not intended by the lift manufacturer (``field 
modified aerial lift'') to obtain from that manufacturer, or an 
equivalent entity (such as a nationally-recognized laboratory), a 
written certificate stating that: The modification conforms to the 
applicable provisions of ANSI A92.2-1969 and OSHA's Aerial Lifts 
Standard; and the modified aerial lift is at least as safe as it was 
before modification.
    Employers who modify an aerial lift for uses other than those 
provided by the manufacturer must obtain a certificate from the 
manufacturer or equivalent entity certifying that the modification is 
in conformance with applicable American National Standards Institute 
(ANSI) standards and OSHA's Aerial Lifts Standard, and that the 
equipment is as safe as it was prior to the modification.

DATES: Comments must be submitted (postmarked, sent, or received) by 
November 28, 2016.

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, OSHA Docket No. OSHA-2009-0045, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 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 the 
OSHA docket number (OSHA-2009-0045) 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: Directorate of Construction, OSHA, 
U.S. Department of Labor, Room N-3468, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone (202) 693-2020.

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 OSHA to 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).
    The certification requirement specified in the Aerial Lifts 
Standard demonstrates that the manufacturer or an equally-qualified 
entity has assessed a modified aerial lift and found that it was safe 
for use by, or near, workers; and that it would provide workers with a 
level of protection at least equivalent to the protection afforded by 
the lift prior to modification.

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

[[Page 67007]]

example, by using automated or other technological information 
collection and transmission techniques.

III. Proposed Actions

    There is an adjustment decrease of 13 hours as a result of removing 
the burden hours for an employer to disclose records to an OSHA 
compliance officer during an inspection, bringing the total burden 
hours to zero (0). However, while no responses have in fact been 
received, DOL is using the figure of ``10'' responses in order to have 
the ICR comport to regulation 5 CFR 1320.3(c)(4)(i), which deems any 
rule of general applicability to involve at least 10 respondents. The 
Agency is, therefore, using the above per response burden to maintain a 
time burden as close as is possible to the actual time of no hours (1 
hour).
    Type of Review: Extension of a currently approved collection.
    Title: Aerial Lifts (29 CFR 1926.453).
    OMB Control Number: 1218-0216.
    Affected Public: Business or other for-profits.
    Number of Respondents: 10.
    Frequency of Responses: On occasion.
    Total Responses: 10.
    Average Time per Response: 6 minutes (0.10 hour).
    Estimated Total Burden Hours: 1.
    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-2009-0045). 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 
dates 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 from 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 from 
the Web site, and for assistance in using the Internet to locate docket 
submissions.

V. Authority and Signature

    David Michaels, Ph.D., 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on September 26, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-23581 Filed 9-28-16; 8:45 am]
 BILLING CODE 4510-26-P