Federal Register: November 4, 2009 (Volume 74, Number 212)

DOCID: fr04no09-104 FR Doc E9-26549

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Docket ID: [Docket No. OSHA-2009-0035]

NOTICE: NOTICES

DOCID: fr04no09-104

DOCUMENT ACTION: Request for public comment.

SUBJECT CATEGORY:

Standard on Ethylene Oxide (EtO); Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

DATES: Comments must be submitted (postmarked, sent, or received) by January 4, 2010.

DOCUMENT SUMMARY:

OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified in the Standard on Ethylene Oxide (EtO) (29 CFR 1910.1047).

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 (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 EtO Standard specifies a number of paperwork requirements. The following is a brief description of the collections of information requirements contained in the Standard.

The information collection requirements specified in Ethylene Oxide Standard protect workers from the adverse health effects that may result from occupational exposure to ethylene oxide. The principal information collection requirements in the EtO Standard include conducting worker exposure monitoring, notifying workers of the exposure, implementing a written compliance program, and implementing medical surveillance of workers. Also, the examining physician must provide specific information to ensure that workers receive a copy of their medical examination results. The employer must maintain exposure monitoring and medical records for specific periods, and provide access to these records by OSHA, the National Institute for Occupational Safety and Health, the affected workers, and their authorized representatives and other designated parties.

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 EtO Standard (29 CFR 1910.1047). The Agency is requesting a decrease in burden hours for the collections of information contained in the EtO Standard from 42,732 hours to 41,544 hours (a reduction of 1,118 hours). This 1,118 hour decrease is mainly a result of a decrease in the number of facilities affected by the Standard, from 5,574 to 4,001 facilities. The Agency will summarize the comments submitted in response to this notice, and will include this summary in its request to OMB to extend the approval of these information collection requirements.

    Type of Review: Extension of a currently approved collection.

    Title: Standard on Ethylene Oxide (29 CFR 1910.1047).

    OMB Control Number: 12180108.

    Affected Public: Business or other forprofits.

    Number of Respondents: 4,001.

    Frequency: On occasion.

    Average Time per Response: Varies from five minutes (.08 hour) for employers to maintain records to one hour for employers to update their compliance plans.

    Estimated Total Burden Hours: 41,544.

    Estimated Cost (Operation and Maintenance): $6,640,301. IV. Public ParticipationSubmission 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 OSHA docket number for the ICR (Docket No. OSHA20090035). 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 currier service, please contact the OSHA docket Office at (202) 6932350 (TTY (877) 8895627).

    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 index, some information (e.g., copyrighted material, is not publically 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 site to submit [[Page 57200]]
    comments and access the docket is available through 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

    Jordan Barab, 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. 52007 (72 FR 31160).

    Signed at Washington, DC, in October, 2009.
    Jordan Barab,
    Acting Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E926549 Filed 11309; 8:45 am]
    BILLING CODE 451026P

    FOR FURTHER INFORMATION CONTACT

    Jamaa Hill or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 6932222.