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8 December 2008

[Federal Register: December 8, 2008 (Volume 73, Number 236)]
[Page 74525-74527]
From the Federal Register Online via GPO Access []



Occupational Safety and Health Administration

[Docket No. OSHA-2008-0045]

Blasting and the Use of Explosives; 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.


SUMMARY: OSHA solicits public comment concerning its proposal to extend 
OMB approval of the information collection requirements specified in 
the Standard on Blasting and the Use of Explosives (29 CFR part 1926, 
subpart U).

DATES: Comments must be submitted (postmarked, sent, or received) by 
February 6, 2009.

    Electronically: You may submit comments and attachments 
electronically at, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
    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-2008-0045, 
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-2008-
0045). All comments, including any personal information you provide, 
are placed in the public docket without change, and may be made 
available online at For further information 
on submitting comments see the ``Public Participation'' heading in the 
section of this notice titled ``Supplementary Information.''

[[Page 74526]]

    Docket: To read or download comments or other material in the 
docket, go to or the OSHA Docket Office at 
the address above. All documents in the docket (including this Federal 
Register notice) are listed in the 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 Bill Parsons at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Bill Parsons, Directorate of 
Construction, OSHA, Room N-3468, 200 Constitution Avenue, NW., 
Washington, DC 20210, telephone: (202) 693-2020.


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 OSH 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).
    The Standard on Blasting and the Use of Explosives (29 CFR part 
1926, subpart U) specifies a number of paperwork requirements. The 
following is a brief description of the collection of information 
requirements contained in the Subpart.

General Provisions (Sec.  1926.900)

    Sec.  1926.900(d)--Paragraph (d) states that employers must ensure 
that explosives not in use are kept in a locked magazine, unavailable 
to persons not authorized to handle the explosives. The employers must 
maintain an inventory and use records of all explosives; in use and not 
in use. In addition, the employer must notify the appropriate 
authorities in the event of loss, theft, or unauthorized entry into a 
    Sec.  1926.900(k)(3)(i)--Paragraph (k)(3)(i) requires employers to 
display adequate signs warning against the use of mobile radio 
transmitters on all roads within 1,000 feet of blasting operations to 
prevent the accidental discharge of electric blasting caps caused by 
current induced by radar, radio transmitters, lightning, adjacent 
powerlines, dust storms, or other sources of extraneous electricity. 
The employer must certify and maintain a record of alternative 
provisions made to adequately prevent any premature firing of electric 
firing of electric blasting caps.
    Sec.  1926.900(o)--Employers must notify the operators and/or 
owners of overhead power lines, communication lines, utility lines, or 
other services and structures when blasting operations will take place 
in proximity to those lines, services, or structures.
    Sec.  1926.903(d)--The employer must notify the hoist operator 
prior to transporting explosives or blasting agents in a shaft 
    Sec.  1926.903(e)--Employers must perform weekly inspections on the 
electrical system of trucks used for underground transportation of 
explosives. The weekly inspection is to detect any failure in the 
system which would constitute an electrical hazard. The most recent 
certification of inspection must be maintained and must include the 
date of inspection, a serial number or other identifier of the truck 
inspected, and the signature of the person performing the inspection.
    Sec.  1926.905(t)--Under Sec.  1926.905(t), the employer blaster 
must maintain an accurate and up-to-date record of explosives, blasting 
agents, and blasting supplies used in a blast. In addition, the 
employer must also maintain a running inventory of all explosives and 
blasting agents stored on the operation.
    Sec.  1926.909(a)--Employers must post a code of blasting agents on 
one or more conspicuous places at the operation. Additionally, all 
employees shall familiarize themselves with the code and conform to it 
at all times. Danger signs warning of blasting agents shall also be 
placed at suitable locations.

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 collection 
of information requirements contained in the Standard on Blasting and 
the Use of Explosives. The Agency will include this summary in its 
request to OMB to extend the approval of these collections of 
information requirements.
    Type of Review: Extension of currently approved collection.
    Title: Blasting and the Use of Explosives (29 CFR part 1926, 
Subpart U).
    OMB Number: 1218-0217.
    Affected Public: Business or other for-profits; Federal Government; 
State and Local or Tribal Government.
    Frequency: On occasion.
    Average Time per Response: Time varies from 5 minutes (.08 hour) to 
notify a hoist operator of blasting agents to 8 hours to develop an 
alternative plan if an employer is unable to display adequate warning 
signs against mobile transmitters during blasting operations.
    Total Burden Hours: 1,294.
    Estimated Cost (Operation and Maintenance): $800,000.

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, 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-2008-0045). 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

[[Page 74527]]

materials must clearly identify your electronic comments by your name, 
date, and the docket number so the Agency can attach them to your 
    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:// 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:// 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 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

    Thomas M. Stohler, Acting Assistant Secretary of Labor for 
Occupational 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 December 2, 2008.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-28988 Filed 12-5-08; 8:45 am]