[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34406-34408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13488]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0018]


Asbestos in General Industry; 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 comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Standard on 
Asbestos in General Industry (29 CFR 1910.1001).

DATES: Comments must be submitted (postmarked, sent, or received) by 
August 6, 2013.

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 a copy of your comments and 
attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2010-0018, 
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., ET

[[Page 34407]]

    Instructions: All submissions must include the Agency name and OSHA 
docket number (OSHA-2010-0018) 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 from 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 (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 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 OSHA to 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 basic purpose of the information collection requirements in the 
Standard is to document that employers in general industry are 
providing their workers with protection from exposure to hazardous 
asbestos. Asbestos exposure results in asbestosis, an emphysema-like 
condition; lung cancer; mesothelioma; and gastrointestinal cancer.
    Several provisions of the Standard specify paperwork requirements, 
including: implementing an exposure monitoring program that notifies 
workers of their exposure monitoring results, establishing a written 
compliance program, and informing laundry personnel of the requirement 
to prevent release of airborne asbestos above the time-weighted average 
and excursion limit. Other provisions associated with paperwork 
requirements include: Maintaining records of information obtained 
concerning the presence, location, and quantity of asbestos-containing 
materials (ACMs) and/or presumed asbestos-containing materials (PACMs) 
in a building/facility; notifying housekeeping workers of the presence 
and location of ACMs and PACMs in areas they may occupy during their 
work; posting warning signs demarcating regulated areas; posting signs 
in mechanical rooms/areas that workers may enter and that contain ACMs 
and PACMs, informing them of the identity and location of these 
materials and about work practices that prevent disturbing the 
materials; and affixing warning labels to asbestos-containing products 
and to containers holding such products. Additional provisions that 
contain paperwork requirements include: Using information, data, and 
analyses to demonstrate that PACMs do not contain asbestos; providing 
medical surveillance for workers potentially exposed to ACMs and/or 
PACMs, including administering a worker medical questionnaire, 
providing information to the examining physician, and providing the 
physician's written opinion to the worker; maintaining records of 
exposure monitoring, objective data used for exposure determinations, 
and medical surveillance; and making specified records (e.g., exposure 
monitoring and medical surveillance records) available to designated 
parties.
    These paperwork requirements permit employers, workers and their 
designated representatives, OSHA, and other specified parties to 
determine the effectiveness of an employer's asbestos-control program. 
Accordingly, the requirements ensure that workers exposed to asbestos 
receive all of the protections afforded by the Standard.

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 an adjustment decrease in burden hours from 
11,932 to 11,694 (a total decrease of 238 hours). The reason for this 
reduction is the removal of burden hours associated with the 
requirement that employers provide training to workers. Upon further 
analysis, this provision is not considered to be a collection of 
information under PRA-95.
    Type of Review: Extension of a currently approved collection.
    Title: Asbestos in General Industry (29 CFR 1910.1001).
    OMB Control Number: 1218-0133.
    Affected Public: Business or other for-profits.
    Number of Respondents: 121.
    Frequency of Response: Annually; Semi-annually.
    Total Responses: 32,253.
    Average Time per Response: Varies from 5 minutes to maintain 
records to 1.5 hours for workers to receive medical evaluations.
    Estimated Total Burden Hours: 11,694.
    Estimated Cost (Operation and Maintenance): $925,026.

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

[[Page 34408]]

and the OSHA docket number for the ICR (Docket No. OSHA-2010-0018). 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 
dates 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

    David Michaels, Ph.D., MPH, 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on June 3, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-13488 Filed 6-6-13; 8:45 am]
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