[Federal Register Volume 69, Number 59 (Friday, March 26, 2004)]
[Notices]
[Pages 15907-15909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6849]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0218(2004)]


Hydrostatic Testing Provision of the Portable Fire Extinguishers 
Standard; 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.

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SUMMARY: OSHA solicits comments concerning its proposal to extend OMB 
approval of the information collection requirement contained in the 
Hydrostatic Testing Provision of the Portable Fire Extinguishers 
Standard (29 CFR 1910.157(f)(16)). The paperwork provision of the 
hydrostatic testing provision specifies requirements for developing and 
maintaining certification records to demonstrate that portable fire 
extinguishers have been tested in accordance with and at intervals 
specified by the Standard (29

[[Page 15908]]

CFR 1910.157(f)(16)). The purpose of the requirement is to reduce 
employees' risk of death or serious injury by ensuring that portable 
fire extinguishers are in safe operating condition.

DATES: Comments must be submitted by the following dates:
    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 1218-0218(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 1218-0218(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 supporting statement 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 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 we can attach them to your 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 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 
regarding the causes and prevention of occupational injuries, 
illnesses, and accidents (29 U.S.C. 657).
    The following section describes who uses the information on the 
hydrostatic testing of portable fire extinguishers that is collected 
under the records requirement (29 CFR 1910.157(f)(16)), as well as how 
they use it. The purpose of the requirement is to reduce employees' 
risk of death or serious injury by ensuring that portable fire 
extinguishers are in safe operating condition.
    The following describes who uses the information in the 
certification record, as well as how they use it. The purpose of the 
requirement is to reduce employees' risk of death or serious injury by 
ensuring that portable fire extinguishers are in safe operation 
condition.

Test Records (Sec.  1910.157(f)(16))

    Paragraph (f)(16) requires employers to develop and maintain a 
certification record of hydrostatic testing of portable fire 
extinguishers. The certification record must include the date of 
inspection, the signature of the person who performed the test, and the 
serial number (or other identifier) of the fire extinguisher that was 
tested.

Disclosure of Test Certification Records

    The certification record must be made available to the Assistant 
Secretary or his representative upon request. The certification record 
provides assurance to employers, employees, and OSHA compliance 
officers that the fire extinguishers have been hydrostatically tested 
in accordance with and at the intervals specified in Sec.  
1910.157(f)(16), thereby ensuring that they will operate properly in 
the event employees need to use them. Additionally, these records 
provide the most efficient means for compliance officers to determine 
that an employer is complying with the hydrostatic testing provision.

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 to protect workers, 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 collection requirement 
in the Hydrostatic Testing Provision of the Portable Fire Extinguishers 
Standard (29 CFR 1910.157(f)(16)). OSHA will summarize the comments 
submitted in response to this notice, and will include this summary in 
the request to OMB to extend the approval of the information collection 
requirement.
    Type of Review: Extension of a currently-approved information-
collection requirement.
    Title: The Hydrostatic Testing Provision of the Portable Fire 
Extinguishers Standard (29 CFR 1910.157(f)(16)).
    OMB Number: 1218-0218.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; State, local or tribal government; Federal government.
    Number of Respondents: 9,000,000.
    Frequency of Recordkeeping: On occasion.
    Average Time per Response: Varies from one minute (.02 hour) to 
maintain

[[Page 15909]]

a certification record of fire extinguishers tested off-site to 32 
minutes (.55 hour) to test fire extinguishers on-site and to generate 
and maintain the certification record.
    Total Annual Hours Requested: 123,180.
    Estimate Cost (Operation and Maintenance): $12,240,000.

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 in Washington, DC, on March 23, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-6849 Filed 3-25-04; 8:45 am]
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