[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74167-74168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29444]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0039]


Portable Fire Extinguishers (Annual Maintenance Certification 
Record); Extension of the Office of Management and Budget's (OMB) 
Approval of the 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 contained in the Portable Fire 
Extinguishers Standard (Annual Maintenance Certification Record) (29 
CFR 1910.157(e)(3)).

DATES: Comments must be submitted (postmarked, sent or received) by 
February 10, 2014.

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, Docket No. OSHA-2010-0039, 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 the 
OSHA docket number for the Information Collection Request (ICR) (OSHA-
2010-0039). 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 materials in the 
docket, go to http://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 
publically 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 contact Theda 
Kenney at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Todd Owen or Theda Kenney, Directorate 
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3909, 
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 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).
    Paragraph (e)(3) of the Standard specifies that employers must 
subject each portable fire extinguisher to an annual maintenance 
inspection and

[[Page 74168]]

record the date of the inspection. In addition, this provision requires 
employers to retain the inspection record for one year after the last 
entry or for the life of the shell, whichever is less, and to make the 
record available to OSHA on request. This recordkeeping requirement 
assures employees and Agency compliance officers that portable fire 
extinguishers located in the workplace will operate normally in case of 
fire; in addition, this requirement provides evidence to OSHA 
compliance officers during an inspection that the employer performed 
the required maintenance checks on the portable fire extinguishers.

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 Portable Fire Extinguishers 
Standard (Annual Maintenance Certification Record) (29 CFR 
1910.157(e)(3)). OSHA is proposing to increase the burden hours in the 
currently approved information collection request from 67,995 to 69,038 
(a total increase of 1,043 hours). This increase is due to updated data 
showing an increase in the number of fire extinguishers affected by 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 collection.
    Title: Portable Fire Extinguishers (Annual Maintenance 
Certification Record (29 CFR 1910.157(e)(3)).
    OMB Control Number: 1218-0238.
    Affected Public: Business or other for-profits.
    Number of Responses: 1,380,750
    Frequency of Responses: On occasion
    Average Time per Response: Approximately 30 minutes (.50 hour) to 
perform and record the required maintenance inspection.
    Estimated Total Burden Hours: 69,038
    Estimated Cost (Operation and Maintenance): $20,193,469

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://regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All 
comments, attachments, and other materials must identify the Agency 
name and the OSHA docket number for the ICR (Docket No. OSHA-2010-
0039). 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 comments 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 publically 
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 December 5, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-29444 Filed 12-9-13; 8:45 am]
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