[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08229]
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.
SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirement contained in the Portable Fire
Extinguishers Standard (Annual Maintenance Certification Record).
DATES: Comments must be submitted (postmarked, sent or received) by
June 23, 2017.
Electronically: You may submit comments and attachments
electronically at 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-
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,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 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, 10 a.m. to 3:00 p.m., e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number for the Information Collection Request (ICR) (OSHA-
0039). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at 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 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 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-3609, 200 Constitution Avenue NW., Washington, DC 20210;
telephone (202) 693-2222.
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) (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).
Paragraph (e)(3) of the Standard specifies that employers must
subject each portable fire extinguisher to an annual maintenance
inspection and 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 workers 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
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 requesting an adjustment increase of 4,489,161
responses (from 1,380,750 to 5,869,911), and an increase of 224,458
burden hours (from 69,038 to 293,496 burden hours). The increased
estimate for the number of responses stems from a reconsideration of
how this figure should be calculated. Prior estimates fully accounted
for all time and cost burden but only counted responses imposing a time
burden as a response for reginfo.gov database purposes. Employers who
contract for an inspection also are making a response under the PRA,
and this ICR adjusts the analysis. This ICR's adjustment increase is
also a result of the number of portable fire extinguishers increasing
from 1,380,750 to 5,869,911 (see explanation under Item 12). In
addition, there is an increase in the cost under Item 13 from
$8,583,559 to $9,538,604 (an increase of $955,045). This cost increase
is the result of updated data indicating a decrease in the number of
establishments; thus, the Agency estimates an increase in the number of
portable fire extinguishers inspected by outside contractors. 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: 5,869,911.
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: 293,496.
Estimated Cost Operation and Maintenance): $9,538,604.
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 www.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
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
Comments and submissions are posted without change at 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 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 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
Dorothy Dougherty, 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. 1-2012
(77 FR 3912).
Signed at Washington, DC, on April 13, 2017.
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-08229 Filed 4-21-17; 8:45 am]
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