DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 97-24]

Agency Information Collection Activities; Request for Withdrawal of Approval for Information Collection Activities; Testing of Materials Used in Rollover Protective Structures (ROPS) (29 CFR 1926.1001(e)(3), and (29 CFR 1926.1002(d)(6) -- Certification of Materials

ACTION: Withdrawal.

SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (U.S.C. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently the Occupational Safety and Health Administration is soliciting comments concerning the proposed withdrawal of the information collection requests for 29 CFR 1926.1001(e)(3), and 29 CFR 1926.1002(d)(6). The latter provision was removed from the CFR on March 6, 1996, when OSHA issued a final rule replacing the provision with a reference to the Society of Automotive Engineers (SAE) consensus standard J334a. The SAE standard does not contain a collection of information (paperwork requirement) .

DATES: Written comments must be submitted on or before September 8, 1997.

ADDRESSES: Comments are to be submitted to the Docket Office, Docket No ICR 97-24, Occupational Safety and Health Administration, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210, telephone (202) 219-7894. Written comments limited to 10 pages or less in length may also be transmitted by facsimile to (202) 219-5046.

FOR FURTHER INFORMATION CONTACT: Larry Davey, Directorate of Construction, Occupational Safety and Health Administration, U.S. Department of Labor, Room N-3605, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 219- 7198. Copies of the referenced information collection request are available for inspection and copying in the Docket Office and will be mailed to persons who request copies by telephoning Yamilet Ramirez at (202) 219-8055 ext. 141. For electronic copies of the Information Collection Request to withdraw on the requirements for certification of materials on 29 CFR 1926.1001(e)(3) contact OSHA's WebPage on Internet at http://www.osha.gov/ and click on standards.

SUPPLEMENTARY INFORMATION:

I. Comments

OSHA requests comments on its determination that the requirements to test materials used in ROPS under 1926.1001(e)(3) and formerly at 1926.1002(d)(6) do not involve a collection of information and; therefore are not subject to approval of OMB under the Paperwork Reduction Act (PRA). The provision at 1926.1002(d)(6) was removed on March 6, 1996, when OSHA issued a final rule which replaced the provision with a reference to the Society of Automotive Engineers (SAE) consensus standard J334a. The SAE standard does not contain a collection of information.

The provisions in question require that the strength of materials used for ROPS be verified by tests or material certification (tested according to a test protocol). However, the provisions do not require any type or record or certificate to be prepared and/or maintained. OSHA originally considered the term ``certification'' as used in these provisions to involve a collection of information subject to PRA. Upon reconsideration, OSHA no longer believes the term ``certification'' as used in these provisions implies a paperwork burden and hence its request to withdraw its paperwork burden estimate. There is no change to the actual requirement to conduct the test as a result of the Agency's determination that no paperwork burden exists.

If commenters disagree with the Agency's determination, and instead believe that a burden does exist, then the Agency is particularly interested in comments which:

• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;



 
• Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;



 
• Enhance the quality, utility, and clarity of the information to be collected; and



 
• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

II. OSHA's Estimate of a Burden

As stated before, OSHA no longer believes that an information collection burden exists for these two provisions. OSHA estimated previously that there are about 10,000 construction sites where scrapers, loaders, dozers, graders, and crawler tractors are in use which have the required ROPS. On average, each site would have 5 pieces of equipment. OSHA previous estimate was that it would take 5 minutes to inspect the materials and to prepare a certification for the ROPS and another 5 minutes to make the certification record available at the time of inspection.

Type of Review: Request for withdrawal of approval.

Agency: U.S. Department of Labor, Occupational Safety and Health Administration.

Title: Testing of Materials Used in rollover protective structures (ROPS) (29 CFR 1926.1001(e)(3), and (29 CFR 1926.1002(d)(6) -- Certification of Materials.

Affected Public: Business or other for profit.

Previous Number of Respondents: 10,000.

Revised Number of Respondents: Zero.

Previous Estimated Time Per Response: 10 minutes.

Revised Time of Response: Zero minutes (0:00).

Previous Total Annual Burden Hours: 8333.

Revised Total Annual Burden Hours: Zero.

Total Annualized Capital/Startup Costs: $0.

Signed at Washington, DC, this 2nd day of July 1997.

Russell B. Swanson,
Director, Directorate of Construction.

[FR Doc. 97-17935 Filed 7-8-97; 8:45 am)