[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51354-51355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16565]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0035]


Ethylene Oxide (EtO) 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 the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the Ethylene Oxide 
(EtO) Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by 
October 2, 2023.

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.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket 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 through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2009-0035) for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made available online. 
Therefore, OSHA cautions interested parties about submitting personal 
information such as social security numbers and birthdates.
    For further information on submitting comments, see the ``Public 
Participation'' heading in the section of this notice titled 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, 
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; 
telephone (202) 693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the 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) (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, the collection instruments are clearly understood, and 
OSHA's estimate of the information collection burden is accurate. The 
Occupational Safety and Health Act of 1970 (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

[[Page 51355]]

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 effort in obtaining information (29 
U.S.C. 657).
    The following sections describe who uses the information collected 
under each requirement, as well as how they use it.
    The EtO Standard (29 CFR 1910.1047) specifies a number of paperwork 
requirements. The following is a brief description of the collection of 
information requirements contained in the standard.
    The information collection requirements specified in the EtO 
Standard protect workers from the adverse health effects that may 
result from occupational exposure to ethylene oxide. The principal 
information collection requirements in the EtO Standard include 
conducting worker exposure monitoring, notifying workers of the 
exposure, implementing a written compliance program, and implementing 
medical surveillance of workers. Also, the examining physician must 
provide specific information to ensure that workers receive a copy of 
their medical examination results. The employer must maintain exposure-
monitoring and medical records for specific periods, and provide access 
to these records by OSHA, the National Institute for Occupational 
Safety and Health (NIOSH), the affected workers, and their authorized 
representatives and other designated parties.

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 to 
protect workers, 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

    There is an overall adjustment decrease in burden hours for this 
ICR. The burden hours have decreased a total of 1,005 hours (from 
31,257 hours to 30,252 hours). The adjusted decrease is primarily due 
to the estimated number of establishments covered by the standard.
    OSHA 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.
    Type of Review: Extension of a currently approved collection.
    Title: Ethylene Oxide Standard.
    OMB Control Number: 1218-0108.
    Affected Public: Business or other for-profits.
    Number of Respondents: 2,026.
    Number of Responses: 109,708.
    Frequency of Responses: Initially, annually, on occasion.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 30,252.
    Estimated Cost (Operation and Maintenance): $5,129,858.

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), if your comments, including 
attachments, are not longer than 10 pages you may fax them to the OSHA 
Docket Office at 202-693-1648; 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-2009-0035. You may 
supplement electronic submissions by uploading document files 
electronically.
    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 from this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link. 
Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627) 
for information about materials not available from the website, and for 
assistance in using the internet to locate docket submissions.

Authority and Signature

    James S. Frederick, Deputy 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. 8-2020 
(85 FR 58393).

    Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-16565 Filed 8-2-23; 8:45 am]
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