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• Publication Date: 06/18/2007
• Publication Type: Notice
• Fed Register #: 72:33537-33538
• Title: The Hydrostatic Testing Provision of the Standard on Portable Fire Extinguishers; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

[Federal Register: June 18, 2007 (Volume 72, Number 116)]
[Notices]               
[Page 33537-33538]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn07-80]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0051]

 
The Hydrostatic Testing Provision of the Standard on Portable 
Fire Extinguishers; 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.

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SUMMARY: OSHA solicits public comment concerning its proposal to extend 
OMB approval of the information collection requirements specified in 
the Hydrostatic Testing Provision of the Standard on Portable Fire 
Extinguishers (29 CFR 1910.157(f)(16)). The hydrostatic testing 
provision requires employers to certify that portable fire 
extinguishers have been hydrostatically tested as prescribed by the 
Standard by preparing a certification record upon completion of the 
test. The record must be maintained on file and made available to OSHA 
compliance staff.

DATES: Comments must be submitted (postmarked, sent, or received) by 
August 17, 2007.

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 
comments.
    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 three copies of your comments 
and attachments to the OSHA Docket Office, Docket No. OSHA-2007-0051, 
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 for the ICR (OSHA-2007-0051). 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) 
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 (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 following section describes who uses the information in the 
certification record, as well as how they use it. The purpose of the 
requirement is to reduce employees' risk of death or serious injury by 
ensuring that portable fire extinguishers are in safe operating 
condition.

Test Records (Sec.  1910.157(f)(16))

    Paragraph (f)(16) requires employers to develop and maintain a 
certification record of hydrostatic testing of portable fire 
extinguishers. The certification record must include the date of 
inspection, the signature of the person who performed the test, and the 
serial number (or other identifier) of the fire extinguisher that was 
tested.

Disclosure of Test Certification Records

    The certification record must be made available to the Assistant 
Secretary or his/her representative upon request. The certification 
record provides assurance to employers, employees, and OSHA compliance 
officers that the fire extinguishers have been hydrostatically tested 
in accordance with and at the intervals specified in Sec.  
1910.157(f)(16), thereby, ensuring that they will operate properly in 
the event employees need to use them. Additionally, these records 
provide the most efficient means for the compliance officers to 
determine that an employer is complying with the hydrostatic testing 
provision.

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 Hydrostatic Testing Provision 
of the Standard on Portable Fire Extinguishers (29 CFR 
1910.157(f)(16)). The Agency is requesting to increase its current 
burden hour estimate associated with this Standard from 123,180 hours 
to 125,952 hours for a total increase of 2,772 hours. 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: The Hydrostatic Testing Provision of the Standard on 
Portable Fire Extinguishers (29 CFR 1910.157(f)(16)).
    OMB Number: 1218-0218.
    Affected Public: Business or other for-profit.
    Number of Respondents: 9,202,500.
    Frequency: On occasion.
    Average Time Per Response: Varies from one minute (.02 hour) to 
maintain a certification record of fire extinguishers tested off-site 
to 33 minutes (.55 hour) to test fire extinguishers on-site and to 
generate and maintain the certification record.
    Estimated Total Burden Hours: 125,952.
    Estimated Cost (Operation and Maintenance): $16,687,200.

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-2007-0051). 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

    Edwin G. Foulke, Jr., 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).

    Signed at Washington, DC on June 7, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E7-11641 Filed 6-15-07; 8:45 am]

BILLING CODE 4510-26-P

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