[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Notices]
[Pages 46621-46622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21743]



[[Page 46621]]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0016]


Process Safety Management of Highly Hazardous Chemicals (PSM) 
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 comments concerning its request for an 
extension of the Office of Management and Budget's (OMB) approval of 
the information collection requirements specified in the Standard on 
Process Safety Management of Highly Hazardous Chemicals (PSM) (29 CFR 
1910.119).

DATES: Comments must be submitted (postmarked, sent, or received) by 
November 9, 2009.

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, Docket No. OSHA-2009-0016, 
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 (OSHA-2009-0016) for the Information Collection Request 
(ICR). 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 Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Theda Kenney at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney 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 (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 OSH Act) (29 U.S.C. 651 
et seq.) authorizes information collection by employers as necessary or 
appropriate for enforcement of the OSH Act or for developing 
information regarding the causes and prevention of occupational 
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH 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 collections of information in the PSM Standard are necessary 
for implementing the requirements of the Standard. The information is 
used by employers to assure that processes using highly hazardous 
chemicals with the potential for a catastrophic release are operated as 
safely as possible. The employer must thoroughly consider all facets of 
a process, as well as the involvement of workers in that process. 
Employers analyze processes so that they can identify and control 
problems that could lead to a major release, fire, or explosion.

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 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 requesting that OMB extend its approval of the information 
collection requirements contained in the Standard on Process Safety 
Management of Highly Hazardous Chemicals (PSM) (29 CFR 1910.119). OSHA 
is proposing to decrease the existing burden hour estimate for the 
collection of information requirements specified in the PSM Standard 
from 47,852,750 hours to 3,632,487 hours (a total reduction of 
44,220,263 hours). In determining the burden hours associated with this 
ICR, OSHA relied on information in the Environmental Protection 
Agency's (EPA) Risk Management Program (RMP) database to estimate the 
number of establishments and processes that must comply with the 
paperwork requirements for the PSM Standard. The RMP showed a reduction 
in establishments and processes; due mainly to efforts of affected 
employers to find substitute substances for the PSM chemicals and to 
reduce inventories of chemicals and flammables, but also because the 
original estimates by the Agency of the average number of processes per 
establishment proved to be much higher than can be consistent with, or 
supported by, data in the RMP database today. In addition, after the 
PSM rule was promulgated and paperwork packages were updated every 
three years, OSHA had increased the estimated number of affected 
establishments proportionately with

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increases reported in the number of establishments in an industry over 
time, without regard to employers reacting to the PSM Standard.
    For example, if the number of establishments in an industry 
increased from 10,000 to 12,000 between 1994 and 2006, OSHA increased 
the estimated number of PSM-affected establishments in that industry by 
20 percent.
    Type of Review: Extension of a currently approved collection.
    Title: Process Safety Management of Highly Hazardous Chemicals (29 
CFR 1910.119).
    OMB Number: 1218-0200.
    Affected Public: Business or other for-profits; not-for-profit 
organizations; Federal Government; State, local or Tribal Government.
    Number of Respondents: 7,562.
    Frequency: On occasion.
    Average Time per Response: Varies from three minutes to generate 
and maintain training certification records to 2,454.4 hours to 
establish and implement a management-of-change program.
    Estimated Total Burden Hours: 3,632,487.
    Estimated Cost (Operation and Maintenance): $0.

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-2009-0016). 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 Web site, and for assistance in 
using the Internet to locate docket submissions.

V. Authority and Signature

    Jordan Barab, Acting 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 
31160).

    Signed at Washington, DC, this 31st day of August 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-21743 Filed 9-9-09; 8:45 am]
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