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• Publication Date: 03/14/2011
• Publication Type: Notice
• Fed Register #: 76: 13668-13669
• Standard Number: 1910.134
• Title: Respiratory Protection Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

 
[Federal Register: March 14, 2011 (Volume 76, Number 49)]
[Notices]               
[Page 13668-13669]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr11-131]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0027]

 
Respiratory Protection 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 comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to 
extend OMB approval of the information collection requirements 
specified by the Respiratory Protection Standard (29 CFR 1910.134).

DATES: Comments must be submitted (postmarked, sent, or received) by 
May 13, 2011.

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 a copy of your comments and 
attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2011-0027, 
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 Information Collection Request (ICR) (OSHA-2011-
0027). 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 Todd Owen at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: 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 (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 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 Respiratory Protection Standard (29 CFR 1910.134; hereafter, 
"the Standard") contains information collection requirements that require 
employers to: Develop a written respirator program; conduct worker 
medical evaluations and provide follow-up medical evaluations to 
determine the worker's ability to use a respirator; provide the 
physician or other licensed healthcare professional with information 
about the worker's respirator and the conditions under which the worker 
will use the respirator; and administer fit tests for workers who will 
use negative- or positive-pressure, tight-fitting facepieces. In 
addition, employers must ensure that workers store emergency-use 
respirators in compartments clearly marked as containing emergency-use 
respirators. For respirators maintained for emergency use, employers 
must label or tag the respirator with a certificate stating the date of 
the inspection, the name of the individual who made the inspection, the 
findings of the inspection, required remedial action, and the identity 
of the respirator.
    The Standard also requires employers to ensure that cylinders used 
to supply breathing air to respirators have a certificate of analysis 
from the supplier stating that the breathing air meets the requirements 
for Type 1--Grade D breathing air; such certification assures employers 
that the purchased breathing air is safe. Compressors used to supply 
breathing air to respirators must have a tag containing the most recent 
change date and the signature of the individual authorized by the 
employer to perform the change. Employers must maintain this tag at the 
compressor. These tags provide assurance that the compressors are 
functioning properly.

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 Respiratory Protection 
Standard (29 CFR 1910.134). The Agency is requesting an increase in 
burden hours from 7,159,601 to 7,422,346 (a total increase of 262,745 
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: Respiratory Protection Standard (29 CFR 1910.134).
    OMB Number: 1218-0099.
    Affected Public: Business or other for-profits; Not-for-profit 
institutions; Federal government; State, local, or tribal governments.
    Number of Respondents: 618,804.
    Frequency of Response: Annually; monthly; on occasion.
    Total Responses: 23,579,085.
    Average Time per Response: Varies from 5 minutes (.08 hour) to mark 
a storage compartment or protective cover to 8 hours for large 
employers to gather and prepare information to develop a written plan.
    Estimated Total Burden Hours: 7,422,346.
    Estimated Cost (Operation and Maintenance): $204,136,769.

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-2011-0027). 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

    David Michaels, PhD, MPH, 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. 4-2010 
(75 FR 55355).

    Signed at Washington, DC, on March 9, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-5668 Filed 3-11-11; 8:45 am]
BILLING CODE 4510-26-P

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