[Federal Register Volume 69, Number 59 (Friday, March 26, 2004)]
[Notices]
[Pages 15905-15906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6847]


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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0238 (2004)]


Standard on Portable Fire Extinguishers (Annual Maintenance 
Certification Record); 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 comment.

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

SUMMARY: OSHA solicits comments concerning its proposal to extend OMB 
approval of the Information Collection requirement contained in the 
Portable Fire Extinguishers Standard (Annual Maintenance Certification 
Record) (29 CFR 1910.157(e)(3)). The annual maintenance inspection 
ensures that portable fire extinguishers are in safe operating 
condition in case of a fire, while the maintenance record provides 
evidence to employees and Agency compliance officers that employers 
performed the required inspections.

DATES: Comments must be submitted by the following date:
    Hard Copy: Your comments must be submitted (postmarked or received) 
by May 25, 2004.
    Facsimile and electronic transmission. Your comments must be 
received by May 25, 2004.

ADDRESSES:

I. Submission of Comments

    Regular mail, express delivery, hand delivery, and messenger 
service. Submit your comments and attachments to the OSHA Docket 
Office, Docket No. ICR 1218-0238 (2004), Room N-2625, U.S. Department 
of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. OSHA 
Docket Office and Department of Labor hours of operation are 8:15 a.m. 
to 4:45 p.m., e.s.t.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number, ICR 1218-0238 (2004), in 
your comments.
    Electronic: You may submit comments, but not attachments, through 
the Internet at http://ecomments.osha.gov/.

II. Obtaining Copies of the Supporting Statement for the Information 
Collection Request

    The Supporting Statement for the Information Collection Request 
(ICR) is available for downloading from OSHA's Web site at http://www.osha.gov. The Complete ICR, containing the OMB Form 83-I, 
Supporting Statement, and attachments, is available for inspection and 
copying in the OSHA Docket Office, at the address listed above. A 
printed copy of the ICR can be obtained by contacting Theda Kenney at 
(202) 693-2222.

FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Standards 
and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Submission of Comments on This Notice and Internet Access to 
Comments and Submissions

    You may submit comments in response to this document by (1) hard 
copy, (2) fax transmission (facsimile), or (3) electronically through 
the OSHA Web page. Please note that you cannot attach materials such as 
studies or journal articles to electronic comments. If you have 
additional materials, you must submit three copies of them to the OSHA 
Docket Office at the address above. The additional materials must 
clearly identify your electronic comments by name, date, subject and 
docket number so that we can attach them to your receipt comments. 
Because of security related 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 for information about security 
procedures concerning the delivery of materials by express delivery, 
hand delivery and messenger service.

II. 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

[[Page 15906]]

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 costs) is minimal, collection instruments 
are clearly understood, and OSHA's estimate of the information 
collection burden is correct. The Occupational Safety and Health Act of 
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).
    Paragraph (e)(3) of the Standard specifies that employers must 
subject each portable fire extinguisher to an annual maintenance 
inspection and record the date of the inspection. In addition, this 
provision requires employers to retain the inspection record for one 
year after the last entry or for the life of the shell, whichever is 
less, and to make the record available to OSHA upon request. This 
recordkeeping requirement assures employees and Agency compliance 
officers that portable fire extinguishers located in the workplace will 
operate normally in case of fire; in addition, this requirement 
provides evidence to OSHA compliance officers during an inspection that 
the employer performed the required maintenance checks on the portable 
fire extinguishers.

III. 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.

IV. Proposed Actions

    OSHA is proposing to extend the information collections 
requirements in the Portable Fire Extinguishers Standard (Annual 
Maintenance Certification Record) (29 CFR 1910.157(e)(3)). 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 the information collection requirement.
    Type of Review: Extension of currently approved information 
collection requirements.
    Title: Portable Fire Extinguishers Standard (Annual Maintenance 
Certification Record) (29 CFR 1910.157(e)(3)).
    OMB Number: 1218-0238.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; State, local, or tribal governments.
    Number of Respondents: 9,000,000.
    Frequency of Recordkeeping: Annually.
    Average Time Per Response: 30 minutes (.50 hour) to perform and 
record the required maintenance inspection.
    Total Annual Hours Requested: 67,500.
    Estimated Cost (Operation and Maintenance): $19,440,000.

V. 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. 5-2002 (67 FR 65008).

    Signed at Washington, DC, on March 23, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-6847 Filed 3-25-04; 8:45 am]
BILLING CODE 4510-26-M