[Federal Register: October 19, 2005 (Volume 70, Number 201)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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.
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.
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.
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
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
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
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
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]
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