[Federal Register: December 18, 2008 (Volume 73, Number 244)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2008-0049]
Hazardous Waste Operations and Emergency Response (HAZWOPER);
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.
SUMMARY: OSHA solicits comments concerning its proposal to extend OMB
approval of the information collection requirements contained in the
Standard on Hazardous Waste Operations and Emergency Response
(HAZWOPER) (29 CFR 1910.120). Section 126(e) of the "Superfund
Amendments and Reauthorization Act of 1986" (SARA) (Pub. L. 99-499)
which became law on October 17, 1986, required the Secretary of Labor,
pursuant to Section 6 of the Occupational Safety and Health Act of 1970
(the Act), to promulgate standards for the safety and health protection
of employees engaged in hazardous waste operations and emergency
response. Section 126(b) lists 11 employee protection provisions that
the Secretary of Labor had to include in OSHA's final standard. Those
provisions require OSHA to address the preparation of various written
programs, plans and records; the training of employees; the monitoring
of airborne hazards; the conduct of medical surveillance; and the
distribution of information to employees. The provisions also require
the collection of information from employers engaged in hazardous waste
operations and their emergency response to such operations. The final
standard covers the provisions mandated in SARA.
DATES: Comments must be submitted (postmarked, sent, or received) by
February 17, 2009.
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
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
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-2008-0049,
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-2008-0049) 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)
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 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 Standard specifies a number of collection of information
(paperwork) requirements. Each provision is described in detail in the
Information Collection Request. Employers can use the information
collected under the HAZWOPER rule to develop the various programs the
standard requires and to ensure that their employees are trained
properly about the safety and health hazards associated with hazardous
waste operations and emergency response to hazardous waste releases.
OSHA will use the records developed in response to this Standard to
determine adequate compliance with the Standard's safety and health
provisions. The employer's failure to collect and distribute the
information required in this standard will affect significantly OSHA's
effort to control and reduce injuries and fatalities. Such failure
would also be contrary to the direction Congress provided in SARA.
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
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 Hazardous Waste
Operations and Emergency Response (HAZWOPER) (29 CFR 1910.120). OSHA is
proposing to decrease the existing burden hour estimate for the
collection of information requirements specified by the Standard from
1,235,602 hours to 1,199,205 hours. This decrease is primarily a result
of a decline in the number of sites to be remediated. 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: Hazardous Waste Operations and Emergency Response (29 CFR
OMB Number: 1218-0202.
Affected Public: Business or other for-profits; not-for-profit
organizations; Federal Government; State, Local, or Tribal Government.
Number of Respondents: 34,812.
Frequency of Response: On occasion.
Average Time Per Response: Varies from one minute (.02 hour) to
maintain a certification record to 24 hours for initial employee
Estimated Total Burden Hours: 1,199,205.
Estimated Cost (Operation and Maintenance): $3,111,762.
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-2008-0049). 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
Thomas M. Stohler, 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 31159).
Signed at Washington, DC, on December 5, 2008.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-30063 Filed 12-17-08; 8:45 am]
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