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• Publication Date: 01/25/2012
• Publication Type: Notice
• Fed Register #: 77: 3798-3799
• Standard Number: 1926.1101
• Title: Asbestos in Construction Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3798-3799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1547]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0002]


Asbestos in Construction 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's approval of the information collection requirements
contained in the Asbestos in Construction Standard (29 CFR 1926.1101).
The standard protects workers from adverse health effects from
occupational exposure to asbestos, including lung cancer, mesothelioma,
asbestosis (an emphysema-like condition) and gastrointestinal cancer.

DATES: Comments must be submitted (postmarked, sent, or received) by
March 26, 2012.

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, Docket No. OSHA-2012-0002, 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 (OSHA-2012-0002) for the Information Collection Request
(ICR). 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 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: 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.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing efforts 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 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 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 standard protects workers
from adverse health effects from occupational exposure to asbestos,
including lung cancer, mesothelioma, asbestosis (an emphysema-like
condition) and gastrointestinal cancer.
    The standard requires employers to train workers about hazards to
asbestos, to monitor worker exposure, to provide medical surveillance,
and maintain accurate records of worker exposure to asbestos. These
records will be used by employers, workers and the Government to ensure
that workers are not harmed by exposure to asbestos in the workplace.

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 to
protect workers, 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 Asbestos in Construction
Standard (29 CFR 1926.1101). The Agency is requesting a burden hour
adjustment from 4,957,804 to 4,929,794 hours, an adjustment decrease of
28,010 hours. Based upon review of data, the number of employers
affected by the Standard decreased from 1.27 to 1.24 million.
    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: Asbestos in Construction Standard (29 CFR 1926.1101).
    OMB Control Number: 1218-0134.
    Affected Public: Business or other for-profit; Federal Government;
State, Local, or Tribal Government.
    Number of Respondents: 249,534.
    Frequency of Response: On occasion.
    Responses: 48,469,358
    Average Time per Response: Time per response ranges from 5 minutes
(.08 hour) to maintain records to 1.67 hours to complete a medical
examination.
    Estimated Total Burden Hours: 4,929,794 hours.
    Estimated Cost (Operation and Maintenance): $28,816,390.

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-2012-0002). 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 dates 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, Ph.D., 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 January 20, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-1547 Filed 1-24-12; 8:45 am]
BILLING CODE 4510-26-P

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