Department of Labor October 30, 2013 – Federal Register Recent Federal Regulation Documents

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirement contained in the Aerial Lifts Standard in Construction (29 CFR 1926.453). 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 that this Standard, and the equipment is as safe as it was prior to the modification.

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) revision titled, ``Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

The Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq., and its attendant regulations, 5 CFR part 1320, require that the Department consider the impact of paperwork and other information collection burdens imposed on the public. Under the PRA, an agency many not collect or sponsor the collection of information, nor may it impose an information collection requirement unless it displays a currently valid Office of Management and Budget (OMB) control number. See 5 CFR 1320.8(b)(3)(vi). The OMB has assigned control number 1235-0018 to the Fair Labor Standards Act (FLSA) information collections. In accordance with the PRA, the Department solicited comments on the FLSA information collections as they were proposed to be changed by a Notice of Proposed Rulemaking published December 27, 2011 (76 FR 81199-200). 44 U.S.C. 3506(c)(2). The Department also submitted a contemporaneous request for OMB review of the proposed revisions to the FLSA information collections, in accordance with 44 U.S.C. 3507(d). On February 29, 2012, the OMB issued a notice that continued the previous approval of the FLSA information collections under the existing terms of clearance. (See OMB ICR Reference no. 201205-1235-002 https://www.reginfo.gov/ public/do/PRAViewICR?refnbr=201205-1235-002). The OMB asked the Department to resubmit the information collection request upon promulgation of a Final Rule, after considering public comments on the December 27, 2011 Notice of Proposed Rulemaking. The Department published Application of the Fair Labor Standards Act to Domestic Service; Final Rule, in the Federal Register on October 1, 2013 (78 FR 60454). At the time of publication, the Department stated its intent to publish a notice announcing OMB's decision regarding the information collection (78 FR 60497). Notice is hereby given that the OMB has approved the extension of the existing information collections under control number 1235-0018. The OMB has also pre-approved changes in the information collections that result from the Application of the Fair Labor Standards Act to Domestic Service; Final Rule; these changes become effective January 1, 2015.