[Federal Register: September 10, 2009 (Volume 74, Number 174)][Notices] [Page 46621-46622]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0016]
Process Safety Management of Highly Hazardous Chemicals (PSM)
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 comment.
SUMMARY: OSHA solicits public comments concerning its request for an
extension of the Office of Management and Budget's (OMB) approval of
the information collection requirements specified in the Standard on
Process Safety Management of Highly Hazardous Chemicals (PSM) (29 CFR
DATES: Comments must be submitted (postmarked, sent, or received) by
November 9, 2009.
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
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-2009-0016,
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-2009-0016) 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 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).
The collections of information in the PSM Standard are necessary
for implementing the requirements of the Standard. The information is
used by employers to assure that processes using highly hazardous
chemicals with the potential for a catastrophic release are operated as
safely as possible. The employer must thoroughly consider all facets of
a process, as well as the involvement of workers in that process.
Employers analyze processes so that they can identify and control
problems that could lead to a major release, fire, or explosion.
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 Process Safety
Management of Highly Hazardous Chemicals (PSM) (29 CFR 1910.119). OSHA
is proposing to decrease the existing burden hour estimate for the
collection of information requirements specified in the PSM Standard
from 47,852,750 hours to 3,632,487 hours (a total reduction of
44,220,263 hours). In determining the burden hours associated with this
ICR, OSHA relied on information in the Environmental Protection
Agency's (EPA) Risk Management Program (RMP) database to estimate the
number of establishments and processes that must comply with the
paperwork requirements for the PSM Standard. The RMP showed a reduction
in establishments and processes; due mainly to efforts of affected
employers to find substitute substances for the PSM chemicals and to
reduce inventories of chemicals and flammables, but also because the
original estimates by the Agency of the average number of processes per
establishment proved to be much higher than can be consistent with, or
supported by, data in the RMP database today. In addition, after the
PSM rule was promulgated and paperwork packages were updated every
three years, OSHA had increased the estimated number of affected
establishments proportionately with increases reported in the number of
establishments in an industry over time, without regard to employers
reacting to the PSM Standard.
For example, if the number of establishments in an industry
increased from 10,000 to 12,000 between 1994 and 2006, OSHA increased
the estimated number of PSM-affected establishments in that industry by
Type of Review: Extension of a currently approved collection.
Title: Process Safety Management of Highly Hazardous Chemicals (29
OMB Number: 1218-0200.
Affected Public: Business or other for-profits; not-for-profit
organizations; Federal Government; State, local or Tribal Government.
Number of Respondents: 7,562.
Frequency: On occasion.
Average Time per Response: Varies from three minutes to generate
and maintain training certification records to 2,454.4 hours to
establish and implement a management-of-change program.
Estimated Total Burden Hours: 3,632,487.
Estimated Cost (Operation and Maintenance): $0.
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-2009-0016). 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
Jordan Barab, 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
Signed at Washington, DC, this 31st day of August 2009.
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-21743 Filed 9-9-09; 8:45 am]
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