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• Publication Date: 10/19/2005
• Publication Type: Notice
• Fed Register #: 70:60856-60858
• Standard Number: 1910; 1915; 1926
• Title: 13 Carcinogens Standard; Extension of the Office of Management and Budget's Approval of Information Collection Requirements

[Federal Register: October 19, 2005 (Volume 70, Number 201)]
[Notices]               
[Page 60856-60858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc05-104]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0085 (2005)]

 
13 Carcinogens Standard; Extension of the Office of Management 
and Budget's Approval of Information Collection Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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SUMMARY: OSHA solicits public comment concerning its request for an 
extension of the information collection (paperwork) requirements 
contained in the 13 Carcinogens Standard (29 CFR 1910.1003).

DATES: Comments must be submitted by the following dates:
    Hard Copy: Your comments must be submitted (postmarked or received 
) by December 19, 2005.
    Facsimile and electronic transmission: Your comments must be 
received by December 19, 2005.

ADDRESSES:
    You may submit comments, identified by OSHA Docket No. [ICR-1218-
0085 (2005)], by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number 
is (877) 889-5627). OSHA Docket Office and Department of Labor hours 
are 8:15 a.m. to 4:45 p.m., ET.

    Facsimile: If your comments are 10 or fewer pages, including 
attachments, you may fax them to OSHA Docket Office at (202) 693-1648.
    Electronic: You may submit comments through the Internet at http://comments.osha.gov,
Follow instructions on the OSHA Web page for submitting comments.
    Docket: For access to the docket to read or download comments or 
background materials, such as the complete Information Collection 
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and 
attachments), go to OSHA's Web page at http://www.OSHA.gov. In 
addition, the ICR, comments and submissions are available for 
inspection and copying at the OSHA Docket Office at the address above. 
You may also contact Todd Owen at the address below to obtain a copy of 
the ICR. For additional information on submitting comments, please see 
the ``Public Participation'' heading in the supplementary information 
section of this document.

FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Standards 
and Guidance, OSHA, Room N-3609, 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 accordance 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 13 Carcinogens Standard covers the following carcinogens: 4-
Nitrobiphenyl (Sec.  1910.1003), alpha-Naphthylamine (Sec.  1910.1004), 
Methyl chloromethyl ether (Sec.  1910.1006), 3,3'-Dichlorobenzidine 
(and its salts) (Sec.  1910.1007), bis-Chloromethyl ether (Sec.  
1910.1008), beta-Naphthylamine (Sec.  1910.1009), Benzidine (Sec.  
1910.1010), 4-Aminodiphenyl (Sec.  1910.1011), Ethyleneimine (Sec.  
1910.1012), beta-Propiolactone (Sec.  1910.1013), 2-Acetylaminofluorene 
(Sec.  1910.1014), 4-Dimethylaminoazobenzene (Sec.  1910.1015), and N-
Nitrosodimethylamine (Sec.  1910.1016). For purposes of this ICR, 
reference to 29 CFR 1910.1003 also incorporates the 13 Carcinogens 
Standard for Shipyards (29 CFR 1915.1003-.1016) and Construction (29 
CFR 1926.1103-1116), whose requirements are identical to those 
contained in Sec.  1910.1003.
    The information collection requirements specified in the 13 
Carcinogens Standard protect employees from the adverse health effects 
that may result from exposure to any of the 13 carcinogens. The major 
information collection requirements of the 13 Carcinogens Standard 
include: establishing and implementing respiratory protection and 
medical surveillance programs for employees assigned to or being 
considered for assignment to regulated areas; maintaining complete and 
accurate records of the respiratory protection programs and medical 
surveillance; providing employees with records of all medical 
examination results; and posting warning signs and information. In 
addition, employers must retain employee medical records for specified 
time periods, provide these records to OSHA and the National Institute 
for Occupational Safety and Health (NIOSH) upon request, and transfer 
them to NIOSH under certain circumstances.
    In 1998, the Standard's respiratory protection program requirements 
were revised as part of the Respiratory Protection rulemaking (63 FR 
1286 (1/8/1998)). The information collection requirements pertaining to 
the respiratory protection requirements in the 13 Carcinogens Standard 
and the burden associated with those requirements were included in the 
Respiratory Protection final rule (63 FR 1152-54) (OMB Control Number 
1218-0099 (2001 and 2004)). Accordingly, they are not included in this 
ICR.
    Also, this ICR does not include collection of information 
requirements or burden hours and costs for providing operation and 
incident reports to OSHA. OSHA deleted these requirements in the 
Standards Improvement Project--Phase II final (70 FR 1112 (1/5/2005)).

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 proposes to extend the Office of Management and Budget's (OMB) 
approval of the information collection requirements necessitated by the 
13 Carcinogens Standard. In its extension request, OSA also is 
proposing to increase the total burden hours for these requirements 
from 1,634 to 1,657 hours, a total increase of 23 hours. The burden 
hour increase results from increasing the estimated number of employees 
who will request access to their medical records. The Agency will 
summarize the public comments submitted in response to this notice and 
will include this summary in its request to OMB to extend the approval 
of these information collection requirements.
    Type of Review: Extension of currently approved information 
collection requirements.
    Title: 13 Carcinogens Standard.
    OMB Number: 1218-0085.
    Affected Public: Business or other for-profits; Federal Government; 
State, Local or Tribal Government; not-for-profit institutions.
    Frequency: On occasion, annually.
    Average Time Per Response: Time per response ranges from 
approximately 5 minutes (for employers to maintain records) to 2 hours 
for employees to receive a medical examination.
    Estimated Total Burden Hours: 1,657.
    Estimated Cost (Operation and Maintenance): $86,226.

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments and supporting materials in response to 
this notice by (1) hard copy, (2) FAX transmission (facsimile), or (3) 
electronically through the OSHA Web page. Because of security-related
problems, there may be a significant delay in the receipt of comments 
sent by regular mail. Please contact the OSHA Docket Office at (202) 
693-2350 (TTY (877) 889-5627) for information about security procedures 
concerning the delivery of submissions by express delivery, hard 
delivery and courier service.
    All comments, submissions and background documents are available 
for inspection and copying at the OSHA Docket Office at the above 
address. Comments and submissions posted on OSHA's Web page are 
available at http://www.OSHA.gov. Contact the OSHA docket Office for 
information about materials not available through the OSHA Web page and 
for assistance using the Web page to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other 
relevant documents are available on OSHA's Web page. Because 
submissions become public, private information such as social security 
numbers should not be submitted.

V. Authority and Signature

    Jonathan L. Snare, 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-
2002 (67 FR 65008).

    Dated: Signed at Washington, DC, on October 12, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 05-20868 Filed 10-18-05; 8:45 am]

BILLING CODE 4510-26-M

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