[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15541-15542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5837]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0086]


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 public comment concerning its proposal to extend 
OMB approval of the information collection requirements specified by 
the Respiratory Protection Standard (29 CFR 1910.134).

DATES: Comments must be submitted (postmarked, sent, or received) by 
May 23, 2008.

ADDRESSES: Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit three copies of your comments 
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-
0086, U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, 
DC 20210. Deliveries (hand, express mail, messenger, and courier 
service) are accepted during the Department of Labor's and Docket 
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number for the ICR (OSHA-2007-0086). All comments, including any 
personal information you provide, are placed in the public docket 
without change, and may be made available online at http://www.regulations.gov. For further information on submitting comments see 
the ``Public Participation'' heading in the section of this notice 
titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket (including this Federal 
Register notice) are listed in the http://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through the website. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Jamaa Hill at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill or Todd Owen, 
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. 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 Act also requires that OSHA obtain such information 
with minimum burden upon employers, especially those operating small 
businesses, and to reduce to the maximum extent feasible unnecessary 
duplication of efforts in obtaining information (29 U.S.C. 657).
    The Respiratory Protection Standard (29 CFR 1910.134; hereafter, 
``the Standard'') contains information collection requirements that 
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 administer 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 the 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.

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 
costs) of the

[[Page 15542]]

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 Actions

    OSHA is proposing to extend the information collection requirements 
contained in the Respiratory Protection Standard (29 CFR 1910.134). The 
Agency is requesting to increase its current burden hour total from 
6,551,314 hours to 7,159,601 for a total increase of 608,287 hours. 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. The Agency will summarize the comments submitted in 
response to this notice and will include this summary in the request to 
OMB.
    Type of Review: Extension of a currently approved information 
collection requirement.
    Title: Respiratory Protection Standard.
    OMB Number: 1218-0099.
    Affected Public: Business or other for-profits; not-for-profit 
institutions; Federal government; State, local, or tribal governments.
    Number of Respondents: 639,623.
    Frequency of Response: Annually; monthly; on occasion.
    Total Responses: 22,547,185.
    Average Time per Response: Varies from 5 minutes (.08 hour) to mark 
a storage compartment or protective cover to 8 hours for large 
employers to gather and prepare information to develop a written plan.
    Estimated Total Burden Hours: 7,159,601.
    Estimated Cost (Operation and Maintenance): $164,751,553.

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows: 
(1) Electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (Fax); or (3) by hard copy. All 
comments, attachments, and other material must identify the Agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2007-0086). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or facsimile submission, you must submit them to the 
OSHA Docket Office (see the section of this notice titled 
``ADDRESSES''). The additional materials must clearly identify your 
electronic comments by your name, date, and the docket number so the 
Agency can attach them to your comments.
    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments. For information about 
security procedures concerning the delivery of materials by hand, 
express delivery, messenger, or courier service, please contact the 
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627).
    Comments and submissions are posted without change at: http://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. 
Information on using the http://www.regulations.gov Web site to submit 
comments and access the docket is available at the Web site's ``User 
Tips'' link. Contact the OSHA Docket Office for information about 
materials not available through the website, and for assistance in 
using the Internet to locate docket submissions.

V. Authority and Signature

    Edwin G. Foulke, Jr., 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. 5-2007 (72 FR 
31159).

    Signed at Washington, DC, on March 17, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-5837 Filed 3-21-08; 8:45 am]
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