[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Notices]
[Pages 63069-63070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30006]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0061(2002)]


Cotton Dust Standard (29 CFR 1910.1043); Extension of the Office 
of Management and Budget's (OMB) Approval of the Information-Collection 
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for comment.

-----------------------------------------------------------------------

SUMMARY: OSHA requests comment concerning its proposal to decrease the 
existing burden-hour estimates for, and to extend OMB approval of, the 
collection-of-information requirements specified by the Cotton Dust 
Standard (29 CFR 1910.1043).\1\ This standard protects employees from 
occupational exposures to cotton dust; cotton-dust exposure causes 
pulmonary disease (e.g., byssinosis) that may result in death and 
serious illness.
---------------------------------------------------------------------------

    \1\ Based on its assessment of the paperwork requirements 
contained in this standard, the Agency estimates that the total 
burden hours decreased compared to its previous burden-hour 
estimate. Under this notice, OSHA is not proposing to revise these 
paperwork requirements in any substantive manner, only to decrease 
the burden hours imposed by the existing paperwork requirements.

---------------------------------------------------------------------------
DATES: Submit written comments on or before February 4, 2002.

ADDRESSES: Submit written comments to the Docket Office, Docket No. 
ICR-1218-0061(2001), OSHA, U.S. Department of Labor, Room N-2625, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2350. Commenters may transmit written comments of 10 pages or less by 
facsimile to (202) 693-1648.

FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Policy, 
OSHA, U.S. Department of Labor, Room N-3641, 200 Constitution Avenue, 
NW., Washington, DC 20210; telephone (202) 693-2444. A copy of the 
Agency's Information-Collection Request (ICR) supporting the need for 
the information collections specified by the Cotton Dust Standard is 
available for inspection and copying in the Docket Office, or by 
requesting a copy from Todd Owen at

[[Page 63070]]

(202) 693-2444. For electronic copies of the ICR contact OSHA on the 
Internet at http://www.osha.gov/comp-links.html, and select 
``Information Collection Requests.''

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 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that 
information is in the desired format, reporting burden (time and cost) 
is minimal, collection instruments are understandable, and OSHA's 
estimate of the information-collection burden is correct. The 
Occupational Safety and Health Act of the 1970 (the ``Act'') 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 major information-collection requirements in the Cotton Dust 
Standard (Sec. 1910.1043; the ``Standard'') specify that employers 
must: Perform exposure monitoring, including initial, periodic, and 
additional monitoring; notify each employee in writing of their 
monitoring results within 20 days after receiving these results; 
establish a written compliance program; implement a respiratory-
protection program in accordance with Sec. 1910.134 (OSHA's Respiratory 
Protection Standard); and develop a written program of work practices 
to minimize cotton-dust exposure.
    Other paperwork provisions of the Standard require employers to 
provide employees with medical examinations, including initial 
examinations for new employees and periodic examinations for other 
employees exposed to cotton dust under specific conditions. As part of 
the medical-surveillance program, employers must give written 
information to the examining physicians, and obtain from these 
physicians a written opinion regarding the employees' medical results 
and exposure limitations.
    Additional collection-of-information requirements mandate that 
employers provide training to employees prior to their initial job 
assignment, at least annually thereafter, if a change occurs in an 
employee's job assignment or work process, or if an employee indicates 
a need for retraining. Employers must also post a copy of the Standard 
and its appendices in a public location at the workplace, and make 
copies available to employees. On request, the employer must provide 
OSHA compliance officers and the National Institute for Occupational 
Safety and Health (NIOSH) with the training material required by this 
provision. Moreover, employers are to post warning signs in each work 
area if the concentration of cotton dust is above the permissible 
exposure limit.
    The Standard also specifies that employers must establish and 
maintain exposure-monitoring and medical-surveillance records for each 
employee covered by these requirements. In addition, they must make any 
record required by the Standard available to OSHA compliance officers 
and NIOSH for examination and copying, and provide exposure-monitoring 
and medical-surveillance records to employees and their designated 
representatives. Finally, employers who cease to do business within the 
period specified for retaining exposure-monitoring and medical-
surveillance records, and who have no successor employer, must transmit 
these records to NIOSH. Employers who remain in business for the entire 
retention period must, before disposing of these records, notify NIOSH 
of the impending disposal and transfer the records to NIOSH if it 
requests the records within three months of being so notified.

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 
cost) 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 Action

    OSHA is proposing to decrease the existing burden-hour estimate 
for, and to extend OMB approval of, the collection-of-information 
requirements specified by the Standard. The Agency proposes to reduce 
the current burden-hour estimate from 75,696 hours to 74, 172 hours, a 
total reduction of 1,524 hours. Although OSHA has added burden hours 
for employee training, these additional burden hours are offset by a 
substantial decrease in the estimated number of employees exposed to 
cotton dust. In addition, the Agency notes that total capital costs 
determined in this ICR, compared to the previous ICR, rose from 
$6,059,756 to $6,526,314; this additional cost resulted principally 
from an increase in the cost of administering a medical examination 
from $130 to $150. OSHA 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 this information-collection 
requirements.
    Type of Review: Extension of currently approved information-
collection requirements.
    Title: Cotton Dust Standard (29 CFR 1910.1043).
    OMB Control No.: 1218-0061.
    Affected Public: Business or other for-profit; Federal government; 
State, local, or tribal governments.
    No. of Respondents: 570.
    Frequency of Response: On occasion; semi-annually; annually.
    Average Time per Response: Response times vary from five minutes to 
maintain a required record to two hours to conduct exposure monitoring.
    Estimates Total Burden Hours: 74,172.
    Estimated Cost (Operation and Maintenance): $6,526,314.

IV. Authority and Signature

    John L. Henshaw, 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) and Secretary of Labor's Order No. 3-2000 (65 FR 50017).

    Signed at Washington, DC, on November 29, 2001.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 01-30006 Filed 12-3-01; 8:45 am]
BILLING CODE 4510-26-M