60_Day_FR_Notice

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Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0055]

Steel Erection; Extension of the Office
of Management and Budget’s (OMB)
Approval of Information Collection
(Paperwork) Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:

OSHA solicits public
comments concerning its proposal to
extend OMB approval of the
information collection requirements
specified in the Standard on Steel
Erection (29 CFR part 1926, subpart R).
DATES: Comments must be submitted
(postmarked, sent, or received) by May
2, 2011.
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–2011–0055, 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 Information
Collection request (ICR) (OSHA–2011–
0055). 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

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SUMMARY:

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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).
Section 1926.752(a)(1). Description of
the requirement. Based on the results of
a specified method for testing fieldcured samples, the controlling
contractor must provide the steel erector
with written notification that the
concrete in the footings, piers, and
walls, or the mortar in the masonry
piers and walls, is at 75% of its
minimum compressive-design strength
or has sufficient strength to support

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loads imposed during steel erection.
Note: This is not and will not be
enforced for mortar in piers and walls
until such time as OSHA is able to
define an appropriate substitute or until
an appropriate American Society for
Testing and Materials (ASTM) test
method is developed.
Sections 1926.752(a)(2) and
1926.755(b)(1). Description of the
requirements. Under § 1926.752(a)(2),
the controlling contractor, before it
authorizes commencement of steel
erection, must notify the steel erector in
writing that any repairs, replacements,
and modifications to anchor bolts (rods)
have been made in accordance with
§ 1926.755(b)(1) which requires the
controlling contractor to obtain approval
from the project structural engineer of
record for the repairs, replacements, and
modifications.
Section 1926.753(c)(5). Description of
the requirement. Employers must not
deactivate safety latches on hooks or
make them inoperable except for the
situation when: A qualified rigger
determines that it is safer to hoist and
place purlins and single joists by doing
so; or except when equivalent
protection is provided in the sitespecific erection plan.
Section 1926.753(e)(2). Description of
the requirement. Employers must have
the maximum capacity of the total
multiple-lift rigging assembly, as well as
each of its individual attachment points,
certified by the manufacturer or a
qualified rigger.
Sections 1926.755(b)(2) and
1926.755(b)(1). Description of the
requirements. Under § 1926.755(b)(2),
throughout steel erection the controlling
contractor must notify the steel erector
in writing of additional repairs,
replacements, and modifications of
anchor bolts (rods); § 1926.755(b)(1)
requires that these repairs, replacements
and modifications not be made without
approval from the project structural
engineer of record.
Section 1926.757(a)(4). Description of
the requirement. If steel joists at or near
columns span more than 60 feet,
employers must set the joists in tandem
with all bridging installed. However, the
employer may use an alternative
method of erection if a qualified person
develops the alternative method, it
provides equivalent stability, and the
employer includes the method in the
site-specific erection plan.
Section 1926.757(a)(7). Description of
the requirement. Employers must not
modify steel joists or steel joist girders
in a way that affects their strength
without the approval of the project
structural engineer of record.

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Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices
Sections 1926.757(a)(9) and
1926.758(g). Description of the
requirements. An employer can use a
steel joist, steel joist girder, purlin, or
girt as an anchorage point for a fallarrest system only with the written
approval of a qualified person.
Section 1926.757(e)(4)(i). Description
of the requirement. An employer must
install and anchor all bridging on joists
and attach all joist bearing ends before
placing a bundle of decking on the
joists, unless: A qualified person
determines that the structure or portion
of the structure is capable of supporting
the bundle, the employer documents
this determination in the site-specific
erection plan and follows the additional
requirements specified in
§ 1926.757(e)(4)(ii)–(vi).
Section 1926.760(e) and (e)(1).
Description of the requirement. The
steel erector can leave its fall protection
at the jobsite after completion of the
erection activity only if the controlling
contractor or its authorized
representative directs the steel erector to
do so and inspects and accepts
responsibility for the fall protection.
Section 1926.761. Description of the
requirement. Employers must have
qualified persons provide training to all
workers exposed to fall hazards. This
training is to include: Recognition of fall
hazards at the worksite; use and
operation of guardrail systems, personal
fall-arrest systems, positioning-device
systems, fall-restraint systems, safetynet systems, and other fall protection
implemented at the worksite; correct
procedures for erecting, maintaining,
disassembling, and inspecting these fallprotection systems; procedures that
prevent falls to lower levels, and
through or into holes and openings in
walking-working surfaces; and the fallprotection requirements of this Subpart.
In addition, employers are to provide
special training to workers engaged in
multiple-lift rigging procedures (i.e., to
recognize multi-lift hazards and in the
proper procedures and equipment to
perform multiple lifts), connector
procedures (i.e., to identify connector
hazards and in the requirements of
§§ 1926.756(c) and 1926.760(b)), and
controlled-decking-zone (CDZ)
procedures (i.e., knowledge of CDZ
hazards and in the requirements of
§§ 1926.754(e) and 1926.760(c)).
Paragraph (c)(4)(ii) of Appendix G to
Subpart R. Description of the
requirement. This mandatory appendix
duplicates the regulatory requirements
of § 1926.502 (‘‘Fall protection systems
criteria and practices’’), notably the
requirements specified in paragraph
(c)(4)(ii). This paragraph addresses the
certification of safety nets as an option

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available to employers who can
demonstrate that performing a drop test
on safety nets is unreasonable. This
provision allows such employers to
certify that their safety nets, including
the installation of the nets, protect
workers at least as well as safety nets
that meet the drop-test criteria. The
employer must complete the
certification process prior to using the
net for fall protection, and the certificate
must include the following information:
Identification of the net and the type of
installation used for the net; the date the
certifying party determined that the net
and its installation would meet the
drop-test criteria; and the signature of
the party making this determination.
The most recent certificate must be
available at the jobsite for inspection.
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
The Agency is requesting that OMB
extend its approval of the information
collection requirements contained in the
Standard on Steel Erection (29 CFR part
1926, subpart R). The Agency is
requesting an adjustment decrease of
7,414 burden hours (from 30,339 hours
to 22,925 hours). This decrease is due to
a decline in worksites associated with
this subpart from 20,787 to 15,758.
Type of Review: Extension of a
currently approved collection.
Title: Steel Erection (29 CFR part
1926, subpart R).
OMB Number: 1218–0241.
Affected Public: Business or other forprofits.
Number of Respondents: 15,758.
Frequency: On occasion.
Average Time per Response: Varies
from one minute (.02 hour) for a
controlling contractor to inform a steel
erector to leave fall protection at the
jobsite to three hours for controlling
contractors to obtain approval from the
project structural engineer of record
before modifying anchor bolts.

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Estimated Total Burden Hours:
22,925.
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–2011–0055).
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
David Michaels, Assistant Secretary of
Labor for Occupational Safety and
Health, directed the preparation of this

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Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices

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. 4–2010 (75 FR
55355).
Signed at Washington, DC, on February 25,
2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2011–4697 Filed 3–1–11; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. 2010–0046]

QPS Evaluation Services Inc.;
Recognition as an NRTL
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:

This notice announces the
Agency’s final decision to grant
recognition to QPS Evaluation Services
Inc., as a Nationally Recognized Testing
Laboratory under 29 CFR 1910.7.
DATES: This recognition becomes
effective on March 2, 2011 and will be
valid until March 2, 2016, unless
terminated or modified prior to that date
in accordance with 29 CFR 1910.7.
FOR FURTHER INFORMATION CONTACT:
Office of Technical Programs and
Coordination Activities, NRTL Program,
Occupational Safety and Health
Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Room N–3655, Washington, DC 20210,
or phone (202) 693–2110. For more
information about the Nationally
Recognized Testing Laboratory Program,
go to http://osha.gov and select ‘‘N’’ in
the site index.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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Notice of Final Decision
The Occupational Safety and Health
Administration (OSHA) hereby gives
notice of its recognition of QPS
Evaluation Services Inc., (QPS) as a
Nationally Recognized Testing
Laboratory (NRTL). The scope of this
recognition includes testing and
certification of the equipment and
materials, and use of the supplemental
program, listed below. OSHA will detail
QPS’s scope of recognition on an
informational Web page for the NRTL,
as further explained below.
OSHA recognition of an NRTL
signifies that the organization meets the
legal requirements specified in 29 CFR

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1910.7. Recognition is an
acknowledgment that the organization
can perform independent safety testing
and certification of the specific products
covered within its scope of recognition,
and is not a delegation or grant of
government authority. As a result of
recognition, employers may use
products approved by the NRTL to meet
OSHA standards that require product
testing and certification.
The Agency processes applications by
an NRTL for initial recognition, or for
expansion or renewal of this
recognition, following requirements in
Appendix A to 29 CFR 1910.7. This
appendix requires that the Agency
publish two notices in the Federal
Register in processing an application. In
the first notice, OSHA announces the
application and provides its preliminary
finding and, in the second notice, the
Agency provides its final decision on
the application. These notices set forth
the NRTL’s scope of recognition, or
modifications of that scope. OSHA
maintains an informational Web page
for each NRTL that details its scope of
recognition. These pages are available
from OSHA’s Web site at http://
www.osha-slc.gov/dts/otpca/nrtl/
index.html.
Each NRTL’s scope of recognition has
three elements: (1) The type of products
the NRTL may test, with each type
specified by its applicable test standard;
(2) the recognized site(s) that has/have
the technical capability to perform the
product testing and certification
activities for test standards within the
NRTL’s scope; and (3) the supplemental
program(s) that the NRTL may use, each
of which allows the NRTL to rely on
other parties to perform activities
necessary for product testing and
certification.
QPS applied for recognition as an
NRTL (See Ex. 2—QPS application
dated 1/27/2006) 1 pursuant to 29 CFR
1910.7, and OSHA published the
required preliminary notice in the
Federal Register on November 18, 2010
(75 FR 70696) to announce the
application. The notice included a
preliminary finding that QPS could
meet the requirements for recognition
detailed in 29 CFR 1910.7, and invited
public comment on the application by
December 20, 2010. OSHA received no
comments in response to the notice.
OSHA now is proceeding with this final
1 A number of documents, or information within
documents, described in this Federal Register
notice are the applicant’s internal, detailed
procedures, or contain other confidential business
or trade-secret information. These documents and
information, designated by an ‘‘NA’’ at the end of,
or within, the sentence or paragraph describing
them, are not available to the public.

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notice to grant QPS’s recognition
application.
All public documents pertaining to
the QPS application are available for
review by contacting the Docket Office,
Occupational Safety and Health
Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Room N–2625, Washington, DC 20210.
These materials also are available online
at http://www.regulations.gov under
Docket No. OSHA–2010–0046.
The current address of the laboratory
facility (site) that OSHA recognizes for
QPS is: QPS Evaluation Services Inc., 81
Kelfield Street, Unit 8, Toronto, Ontario,
M9W 5A3, Canada.
General Background on the Application
According to the application, QPS
was established in 1995 as a Canadian
Standards Association field-inspection
agency. In 1998, QPS performed
technical services for Entela, Inc., an
organization formerly recognized by
OSHA as an NRTL, which another
NRTL subsequently acquired. The
application also states that QPS received
accreditation by other well-known
accreditors (i.e., the Standards Council
of Canada and the International
Electrotechnical Commission
Certification Body (IEC CB) Scheme).
QPS applied on January 27, 2006, for
recognition of one site and a number of
test standards. (See Ex. 2.) In response
to OSHA’s request for clarification, QPS
amended its application to provide
additional technical details, and then
provided further details in a later
update. (See Ex. 3—QPS amended
application, dated 4/15/2008 and 11/30/
2009.) OSHA’s NRTL Program staff
performed an on-site assessment of the
QPS facility in April 2010. Based on this
assessment, the OSHA staff
recommended recognition of QPS in
their on-site review report of the
assessment. (See Ex. 4—OSHA on-site
review report on QPS.)
Through its amended application
information (see Ex. 3), QPS represented
that it maintains the experience,
expertise, personnel, organization,
equipment, and facilities suitable for
accreditation as an OSHA Nationally
Recognized Testing Laboratory. It also
represented that it meets, or will meet,
the requirements for recognition defined
in 29 CFR 1910.7.
OSHA addresses the four
requirements for recognition (i.e.,
capability, control procedures,
independence, and creditable reports
and complaint handling) below, along
with examples that illustrate how QPS
meets each of these requirements. The
applicant’s summary addressing
OSHA’s evaluation criteria references

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