[Federal Register: October 2, 2008 (Volume 73, Number 192)]
[Notices]               
[Page 57384-57386]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc08-113]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0040]

 
Vehicle-Mounted Elevating and Rotating Work Platforms (Aerial 
Lifts); 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 comment.

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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

[[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

[[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]

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