[Federal Register Volume 69, Number 167 (Monday, August 30, 2004)]
[Notices]
[Pages 52938-52940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19748]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0099(2004)]


Respiratory Protection 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 public comment.

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SUMMARY: OSHA solicits comments concerning its request for an extension 
of the information collection requirements contained in the Respiratory 
Protection Standard (29 CFR 1910.134).

[[Page 52939]]


DATES: Comments must be submitted by the following dates:
    Hard Copy: Your comments must be submitted (postmarked or received) 
by October 29, 2004.
    Facsimile and electronic transmission: Your comments must be 
received by October 29, 2004.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0099(2004), by any of the following methods:
    Regular mail, express delivery, hand-delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number 
is (877) 889-5627). The 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.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov/. Follow instructions on the OSHA Webpage for 
submitting comments.
    Docket: For access to the docket to read or download comments or 
background materials, such as the complete Information Collection 
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and 
attachments), go to OSHA's Web page at http://OSHA.gov. Comments, 
submissions, and the ICR are available for inspection and copying at 
the OSHA Docket Office at the address above. You also may contact Todd 
Owen at the address below to obtain a copy of the ICR.
    (For additional information on submitting comments, please see the 
``Public Participation'' heading in the SUPPLEMENTARY INFORMATION 
section of this document.)

FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Standards 
and Guidance, OSHA, Room N-3609, U.S. Department of Labor, 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 and supporting materials in response to 
this document by (1) hard copy; (2) FAX transmission (facsimile); or 
(3) electronically through the OSHA Webpage.
    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 (TTY (877) 889-5627) for 
information about security procedures concerning the delivery of 
materials by express delivery, hand delivery, and messenger 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 Webpage are 
available at http://www.OSHA.gov. Contact the OSHA Docket Office for 
information about materials not available through the OSHA Webpage and 
for assistance using the Webpage to locate docket submissions.
    Electronic copies of this Federal Register notice, as well as other 
relevant documents, are available on OSHA's Webpage.

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 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).
    The Respiratory Protection Standard (Sec.  1910.134; hereafter, 
``Standard'') information collection requirements require employers to: 
develop a written respirator program; conduct employee medical 
evaluations and provide follow-up medical evaluations to determine the 
employee's ability to use a respirator; provide the physician or other 
licensed health care professional with information about the employee's 
respirator and the conditions under which the employee will use the 
respirator; and administrater fit tests for employees who will use 
negative- or positive-pressure, tight-fitting facepieces. In addition, 
employers must ensure that employees store emergency-use respirators in 
compartments clearly marked as containing emergency-use respirators. 
For respirators maintained for emergency use, employers must label or 
tag the respirator with a certificate stating the date of inspection, 
the name of the individual who made the inspection, the findings of the 
inspection, required remedial action, and the identity of the 
respirator.
    The Standard also requires employers to ensure that cylinders used 
to supply breathing air to respirators have a certificate of analysis 
from the supplier stating that the breathing air meets the requirements 
for Type 1--Grade D breathing air; such certification assures employers 
that the purchased breathing air is safe. Compressors used to supply 
breathing air to respirators must have a tag containing the most recent 
change date and the signature of the individual authorized by the 
employer to perform the change. Employers must maintain this tag at the 
compressor. These tags provide assurance that the compressors are 
functioning properly.

III. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the information-collection requirements are 
necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
     The accuracy of the Agency'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 requirements 
contained in the Respiratory Protection Standard (29 CFR 1910.134). The 
Agency 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 requirements contained in 
the Standard.
    Type of Review: Extension of currently approved information 
collection requirements.
    Title: Respiratory Protection (29 CFR 1910.134).
    OMB Number: 1218-0099.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal

[[Page 52940]]

governments; State, local, or tribal governments.
    Number of Respondents: 619,430.
    Frequency of Response: Annually; monthly; on occasion.
    Total Responses: 19,136,576.
    Average Time per Response: Time per response varies from 5 minutes 
(.08 hours) to mark a storage compartment or protective cover to 8 
hours for large employers to gather and prepare information to develop 
a written program.
    Estimated Total Burden Hours: 6,334,640.
    Estimated Cost (Operation and Maintenance): $97,720,304.

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 August 24, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-19748 Filed 8-27-04; 8:45 am]
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