Federal Register: October 27, 2005 (Volume 70, Number 207)

DOCID: FR Doc 05-21480

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Docket ID: [Docket No. ICR-1218-0195 (2006)]

NOTICE: NOTICES

DOCUMENT ACTION: Request for public comments.

SUBJECT CATEGORY:

The Asbestos in Shipyards Standard; Extension of the Office of Management and Budget's Approval of Information Collection (Paperwork) Requirements

DATES: Comments must be submitted by the following dates:

Hard copy: Your comment must be submitted (postmarked or received) by December 27, 2005.

Facsimile and electronic transmission: Your comments must be received by December 27, 2005.

DOCUMENT SUMMARY:

OSHA solicits public comment concerning its request for an extension of the information collection requirements contained in the Asbestos in Shipyards Standard (29 CFR 1915.1001). This Standard regulates occupational exposure to Asbestos, thereby preventing serious illness (e.g., asbestosis, an emphysemalike condition, mesothelioma, and gastrointestinal cancer) among shipyard employees.

SUMMARY:

Agency information collection activities; proposals, submissions, and approvals,

SUPPLEMENTAL 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 (PRA95) (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 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).

On January 5, 2005, OSHA published the Standards Improvement ProjectPhase II, Final rule (70 FR 1112). The final rule removed and revised provisions of standards that were outdated, duplicative, unnecessary, or inconsistent and clarified or simplified regulatory language. The final rule contained two revisions to collections of information contained in the Asbestos in Shipyards Standard. The revisions included modifying the time the employer has to provide their employees with exposure monitoring results in 29 CFR
1915.1001(f)(5)(ii) from ``as soon as possible following receipt of the results'' to ``as soon as possible but no later than five working days after the receipt of the results,'' and removing the requirement to send the certification and evaluation documentation required under Sec. 1915.1001(g)(6)(iii) to OSHA's Directorate of Technical Support. That reduction in burden hours was taken on the prior information collection request.

The information collection requirements specified in the Asbestos in Shipyards Standard protect employees from the adverse health effects that may result from occupational exposure to Asbestos. The major information collection requirements in the Standard include implementing an exposuremonitoring program that informs employees of their exposuremonitoring results; at multiemployer worksites, notification of other onsite employers by employers establishing regulated areas for the type of work performed with asbestoscontaining materials (ACMs) and/or presumed asbestoscontaining materials (PACMs), the requirements that pertain to regulated areas, and the measures the employers can use to protect their employees from asbestos
overexposure; developing specific information and training programs for employees; providing medical surveillance for employees potentially exposed to ACMs and/or PACMs, including administering an employee medical questionnaire, providing information to the examining physician, and providing the physician's written opinion to the employee; and maintaining records of objective data used for exposure determinations, employee exposuremonitoring and medical surveillance records, training records, the record (i.e., information, data, and analyses) used to demonstrate that PACM does not contain asbestos, and notifications made and received by building/facility owners regarding the content of ACMs and PACMs.

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 the Office of Management and Budget (OMB) extend the approval of these collections of information (paperwork) requirements necessitated by the Asbestos in Shipyards Standard (29 CFR 1915.1001). OSHA will summarize the comments submitted in response to this notice, and will include this summary in its request to OMB to extend its approval of these information collection requirements.

    Type of Review: Extension of currently approved information collection requirements.

    Title: Asbestos in Shipyards Standard.

    OMB Number: 12180195.

    Affected Public: Business or other forprofits; Federal government; State, local, or tribal government.

    Number of Respondents: 19.

    Frequency: On occasion.

    Average Time Per Response: Varies from five minutes (.08 hour) to maintain records to 17.3 hours for training a competent person.

    Estimated Total Burden Hours: 1,426.

    Estimated Cost (Operation and Maintenance): $33,635. IV. Public ParticipationSubmission of Comments on This Notice and Internet Access to Comments and Submissions

    You may submit comments and supporting materials in response to this notice by (1) hard copy, (2) fax transmission (facsimile), or (3) electronically through the OSHA Web page. Because of securityrelated problems, there may be a significant delay in the receipt of comments by regular mail. Please contact the OSHA Docket Office at (202) 693 2350 (TTY (877) 8895627) for information about security procedures concerning the delivery of submissions by express delivery, hand delivery, and courier service.

    All comments, submissions and background documents are available for inspection and copying at the OSHA Docket Office at the above address. Comments and submissions posted on OSHA's Web page are available at http://www.OSHA.gov. Contact the OSHA Docket Office for information about materials not available through the OSHA Web page and for assistance using the Web page to locate docket submissions.

    Electronic copies of this Federal Register notice, as well as other relevant documents, are available on OSHA's Web page. Since all submissions become public, private information such as social security numbers should not be submitted.

    V. Authority and Signature

    Jonathan L. Snare, Acting Assistant Security of Labor for Occupational Safety and Health, directed the
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    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. 52002 (67 FR 65008).

    Dated: Signed at Washington, DC, on October 21, 2005. Jonathan L. Snare,
    Acting Assistant Secretary of Labor.
    [FR Doc. 0521480 Filed 102605; 8:45 am]
    BILLING CODE 451026M

    FOR FURTHER INFORMATION CONTACT

    Todd Owen, Directorate of Standards and Guidance, OSHA, Room N3609, 200 Constitution Avenue, NW., Washington, DC 20210, telephone: (202) 6932222.