DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

Office of Management and Budget Control Numbers Under Paperwork Reduction Act for Miscellaneous General Industry, Shipyard Employment and Construction Industry Rules and Regulations

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Final rule; amendments and announcements of OMB approval of information collection requirements.

SUMMARY: The Occupational Safety and Health Administration (OSHA) is announcing that the Office of Management and Budget (OMB) recently extended the approval for a number of information collection requirements in OSHA's rules and regulations. OSHA sought approval under the Paperwork Reduction Act of 1995 (PRA-95) and, as required by that Act, is announcing the approval numbers and expiration dates for 19 approved requirements. Seventeen of the approvals apply to certification records, records which provide information to verify that certain tests, inspections, or training activities required in parts 1910, 1915, and 1926 have been performed. The other two approvals announce the extension of approval for the collection of information requirements associated with the Safety Testing and Certification requirements and the Construction Industry Fall Protection Plans and Records. OSHA is also correcting the approval number for the certification record associated with Resistance Welding and removing the OMB approval numbers for four provisions no longer subject to approval by OMB under PRA-95.

EFFECTIVE DATE: These amendments are effective March 19, 1998.

FOR FURTHER INFORMATION CONTACT: Barbara Bielaski, Office of Regulatory Analysis, Directorate of Policy, Occupational Safety and Health Administration, U.S. Department of Labor, Room N-3627, 200 Constitution Avenue, NW., Washington, D.C. 20210, telephone (202) 219-8076, ext. 142.

SUPPLEMENTARY INFORMATION: In 1995, OSHA sought and obtained approval from OMB for 30 provisions in its general industry, shipyard employment and construction industry safety standards (parts 1910, 1915, and 1926) that require employers to prepare, maintain, and sign and date a certification record to verify that certain tests, inspections, maintenance checks or training activities had been performed. These provisions were all combined under one submission to OMB and received approval under one OMB Control Number, 1218-0210. Prior to the expiration of the approvals in late 1997, OSHA sought public comment on its burden hour and cost estimates through a series of Federal Register notices requesting public comment. At the conclusion of the public comment period, the Agency sought an extension of OMB's approval on 26 of the certification records. In accordance with the Paperwork Reduction Act (PRA-95) (44 U.S.C. 3501-3520), OMB has renewed its approval for these information collection requirements and issued separate OMB approval numbers, some approvals covering more than one provision. Below is a listing of the certification records, the citations they cover, the approval numbers, and the expiration dates for those records. OSHA is amending the tables in 1910.8, 1915.8 and 1926.5, as necessary, to display the new OMB Approval Numbers. The listing also contains the date and page numbers of the Federal Register in which public comment was sought on the certification records. The approvals for all of the collections in this table expire on November 30, 1999.

In addition to the certification records, in the April 29, 1997, Federal Register, at 62 FR 23277, OSHA announced its intent to request Office of Management and Budget (OMB) approval for construction fall protection plans and records. This included provisions addressing safety net certification records and fall protection plans and training certification records. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), OMB has extended the approval of this information collection requirement under OMB control number 1218-0197, which expires on November 30, 2000.

Also, in the Federal Register of July 18, 1997, OSHA issued a notice stating that it intended to seek an extension of approval from OMB on its collection entitled, Safety Testing and Certification in 29 CFR 1910.7. OMB has extended the approval of the information collection requirements in this section under OMB Approval Number 1218-0147. The approval expires on November 30, 2000.

OSHA is also removing the approval numbers for four provisions. Two provisions, Secs. 1926.1001 and 1926.1002 concerning rollover protective structures are no longer in existence hence they no longer need approval numbers. The other two provisions in Secs. 1910.106 and 1926.152, requiring employers to keep a copy of the manufacturer's test have been determined to be exempt from approval under the Paperwork Reduction Act. OSHA explained the reasons for the withdrawals in the Federal Register of July 7 and July 10, 1997 (62 FR 36312 and 62 FR 36850, respectively) and provided a period for public comment.

Finally, OSHA is making a correction to the table in 1910.8 to insert the correct OMB Approval Number for the collection of information requirement in 1910.255(e). OSHA has incorrectly listed its number in the last printing of approval numbers. The correct approval number is 1218-0207.

Under 5 CFR 1320.5(b), an Agency may not conduct or sponsor a collection of information unless: (1) The collection displays a valid control number, and (2) the Agency informs potential persons who may respond to the collections of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

Accordingly, now that OMB has extended the approval on these collections, OSHA is codifying the current OMB control numbers into Secs. 1910.7, 1910.8, 1915.8, and 1926.5, as appropriate (if not already listed), which are the sections in which OSHA displays its approved collections under the Paperwork Reduction Act.

List of Subjects
29 CFR Parts 1910 and 1915

Occupational safety and health, Reporting and recordkeeping requirements.

29 CFR Part 1926

Construction industry; Occupational safety and health; Reporting and recordkeeping requirements.

Authority and Signature

This document was prepared under the direction of Charles N. Jeffress, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210.

Signed at Washington, D.C., this 11th day of March 1998.

Charles N. Jeffress,
Assistant Secretary of Labor.

Accordingly, the Occupational Safety and Health Administration amends 29 CFR parts 1910, 1915, and 1926 as set forth below.

PART 1910 -- [AMENDED]

1. The authority citation for Subpart A of part 1910 continues to read as follows:

Authority: Secs. 4, 6, 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable.

Sections 1910.7 and 1910.8 also issued under 29 CFR part 1911.

2. In § 1910.8, the table is amended by removing 1910.106(b) and its accompanying OMB control number, and revising the entries for the following sections, in numerical order, to read as follows:

§ 1910.8 OMB control numbers under the Paperwork Reduction Act.

Part 1915 -- [AMENDED]

1. The authority citation for part 1915 continues to read in part as follows:

Authority: § 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) of 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

* * * * *

2. In § 1915.8, the table is amended by revising the entries for the following sections, in numerical order, to read as follows:

§ 1915.8 OMB Control numbers under the Paperwork Reduction Act.

PART 1926 -- [AMENDED]

1. The authority citation for subpart A of part 1926 continues to read as follows:

Authority: Section 107, Contract Work Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

2. In § 1926.5, the table is amended by removing the entries for 1926.152, 1926.1001 and 1926.1002 and be revising the entries for the following sections, in numerical order, to read as follows:

§ 1926.5 OMB control numbers under the Paperwork Reduction Act

[FR Doc. 98-6871 Filed 3-18-98; 8:45 am]]