[Federal Register Volume 69, Number 183 (Wednesday, September 22, 2004)]
[Notices]
[Pages 56795-56796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21297]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0206 (2004)]


Grain Handling Facilities 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 Grain 
Handling Facilities Standard (29 CFR 1910.272). The purpose of these 
requirements is to establish safety practices, means, methods and 
operations for employees working in grain handling facilities.

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received) 
by November 22, 2004.
    Facsimile and electronic transmission: Your comments must be 
received by November 22, 2004.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0206(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). OSHA Docket Office and Department of Labor hours 
are 8:15 a.m. to 4:45 p.m., ET.
    Facsimile: If your comments are 10 pages or fewer in length, 
including attachments, 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 Web page 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. In addition, 
comments, submissions and the ICR are available for inspection and 
copying at the OSHA Docket Office at the address above. You may also 
contact Todd Owen or Theda Kenney 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: Theda Kenney or 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 notice by (1) hard copy, (2) FAX transmission (facsimile), or (3) 
electronically through the OSHA Web page. Because of security related 
problems there may be 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 submissions by express delivery, hand 
delivery and courier 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 Web page are 
available at http://www/OSHA.gov. Contact the OSHA Docket Office for 
information about materials not available through the OSHA Web page and 
for assistance using the Web page to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other 
relevant documents are available on OSHA's Web page.

II. Background

    The Department of Labor, as part of it 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 Grain Handling Facilities Standard (the Standard) (29 CFR 
1910.272) specifies several paperwork requirements. The following 
sections describe what information is collected under each requirement, 
who uses the information, and how they use it.
    Paragraph (d) of the standard requires the employer to develop and 
implement an emergency action plan so that employees will be aware of 
the appropriate actions to take in the event of an emergency.
    Paragraph (e)(1) requires that employers provide training to 
employees at least annually and when changes in job assignment will 
expose them to new hazards.
    Paragraph (f)(1) requires the employer to issue a permit for all 
hot work. Under paragraph (f)(2) the permit shall certify that the 
requirements contained in 1910.272(a) have been implemented prior to 
beginning the hot work operations and shall be kept on file until 
completion of the hot work operation.
    Paragraph (g)(1)(i) requires the employer to issue a permit for 
entering bins, silos, or tanks unless the employer or the employer's 
representative is

[[Page 56796]]

present during the entire operation. The permit shall certify that the 
precautions contained in paragraph (g) have been implemented prior to 
employees entering bins, silos or tanks and shall be kept on file until 
completion of the entry operations.
    Paragraph (g)(4) requires the employer to implement procedures for 
the use of tags and locks which will prevent the inadvertent 
application of energy or motion to equipment being repaired, serviced, 
or adjusted.
    Paragraphs (i)(1) and (i)(2) require the employer to inform 
contractors performing work at the grain handling facility of known 
potential fire and explosion hazards related to the contractor's work 
area and to explain to the contractor the applicable provisions of the 
emergency action plan.
    Paragraph (j)(1) requires the employer to develop and implement a 
written housekeeping program that establishes the frequency and 
method(s) determined best to reduce accumulations of fugitive grain 
dust on ledges, floors, equipment, and other exposed surfaces.
    The purpose of the housekeeping program is to require employers to 
have a planned course of action for the control and reduction of dust 
in grain handling facilities reducing the fuel available in a grain 
facility. The housekeeping program must specify in writing the 
frequency that housekeeping will be performed and the dust control 
methods that the employer believes will best reduce dust accumulations 
in the facility.
    Under paragraph (m)(1), the employer is required to implement 
preventive maintenance procedures consisting of regularly scheduled 
inspections of at least the mechanical and safety control equipment 
associated with dryers, grain stream processing equipment, dust 
collection equipment including filer collectors, and bucket elevators. 
Paragraph (m)(3) requires a certification be maintained of each 
inspection.

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 collection requirements 
contained in the Grain Handling Facilities Standard (29 CFR 1910.272). 
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 requirements contained in 
the Standard.
    Type of Review: Extension of current approved information 
collection requirements.
    Title: Grain Handling Facilities (29 CFR 1910.272).
    OMB Number: 1218-0206.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; State, local, or Tribal governments.
    Number of Respondents: 19,791.
    Frequency of Response: On occasion; monthly; annually.
    Average Time per Response: Varies from 1 minute (2.0 hour) to 
maintain certification records to 3 hours to develop procedures for 
tags and locks.
    Estimated Total Burden Hours: 69,336.
    Estimated Cost (Operation and Maintenance): $0.

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 et seq.), and Secretary of Labor's Order No. 5-2002 (67 FR 
65008).

    Signed at Washington, DC, on September 16, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-21297 Filed 9-21-04; 8:45 am]
BILLING CODE 4510-26-M