[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Pages 52567-52568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20545]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0041]


Formaldehyde 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 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 
Formaldehyde (29 CFR 1910.1048).

DATES: Comments must be submitted (postmarked, sent, or received) by 
October 22, 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-2009-0041, 
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 Information Collection Request (ICR) (OSHA-2009-
0041). 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 accord 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 standard protects workers 
from the adverse health effects from occupational exposure to 
formaldehyde, including an itchy, runny, and stuffy nose; a dry or sore 
throat; eye irritation; headaches; and cancer of the lung, buccal 
cavity (mouth), and pharynyx (throat). Formaldehyde solutions can 
damage the skin and burn the eyes.
    The standard specifies a number of paperwork requirements. The 
following is a brief description of the collection of information 
requirements contained in the Formaldehyde Standard. The standard 
requires employers to conduct worker exposure monitoring to determine 
workers' exposure to formaldehyde, notify workers of their formaldehyde 
exposures, provide medical surveillance to workers, provide examining 
physicians with specific information, ensure that workers receive a 
copy of their medical examination results, maintain workers' exposure 
monitoring and medical records for specific periods, and provide

[[Page 52568]]

access to these records by OSHA, the National Institute for 
Occupational Safety and Health, the affected workers, and their 
authorized representatives.

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 
327,533 to 237,854 (a total decrease of 89,679 hours). The reasons for 
this reduction are: The estimated decrease in the number of covered 
establishments and workers; and, 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.
    In addition, the costs to conduct a medical examination increased 
(from $180 to $218) and for contract industrial hygiene services to 
conduct exposure-monitoring sampling increased (from $45 to $50). 
However, overall capital costs decreased, from $42,626,346 to 
$41,724,296, a decrease of $902,050. The decrease is due to the 
estimated decrease in the number of covered workers undergoing exposure 
monitoring and medical exams.
    Type of Review: Extension of a currently approved collection.
    Title: Formaldehyde Standard (29 CFR 1910.1048).
    OMB Control Number: 1218-0145.
    Affected Public: Business or other for-profits.
    Number of Respondents: 84,931.
    Frequency of Response: Annually; On occasion; Semi-annually.
    Total Responses: 904,202.
    Average Time per Response: Varies from 5 minutes (.08 hour) for 
employers to maintain records to 1 hour for workers to receive medical 
evaluations.
    Estimated Total Burden Hours: 237,854.
    Estimated Cost (Operation and Maintenance): $41,724,296.

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-2009-0041). 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 August 19, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-20545 Filed 8-22-13; 8:45 am]
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