

[Federal Register: February 5, 2008 (Volume 73, Number 24)]
[Notices]               
[Page 6742-6744]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe08-86]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0001]

 
Grain Handling Facilities; 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 Standard on Grain Handling Facilities (29 CFR 1910.272).

DATES: Comments must be submitted (postmarked, sent, or received) by 
April 7, 2008.

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-2008-0001, 
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-2008-0001). 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 website. 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

[[Page 6743]]

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 Standard specifies a number of paperwork requirements. The 
following sections describe who uses the information collected under 
each requirement as well as how they use it. The purpose of the 
requirements is to reduce employees' risk of death or serious injury 
while working in grain handling facilities.
    Paragraph (d) of the Standard requires the employer to develop and 
implement an emergency action plan so that employees will be aware of 
the appropriate actions to take in the event of an emergency.
    Paragraph (e)(1) requires that employers provide training to 
employees at least annually and when changes in job assignment will 
expose them to new hazards.
    Paragraph (f)(1) requires the employer to issue a permit for all 
hot work. Under paragraph (f)(2) the permit shall certify that the 
requirements contained in 1910.272(a) have been implemented prior to 
beginning the hot work operations and shall be kept on file until 
completion of the hot work operation.
    Paragraph (g)(1)(i) requires the employer to issue a permit for 
entering bins, silos, or tanks unless the employer or the employer's 
representative is present during the entire operation. The permit shall 
certify that the precautions contained in paragraph (g) have been 
implemented prior to employees entering bins, silos or tanks and shall 
be kept on file until completion of the entry operations.
    Paragraph (g)(1)(ii) requires that the employer deenergize, 
disconnect, lockout and tag, block-off or otherwise prevent operation 
of all mechanical, electrical, hydraulic, and pneumatic equipment which 
presents a danger to employees inside grain storage structures.
    Paragraphs (i)(1) and (i)(2) require the employer to inform 
contractors performing work at the grain handling facility of known 
potential fire and explosion hazards related to the contractor's work 
and work area and to explain to the contractor the applicable 
provisions of the emergency action plan.
    Paragraph (j)(1) requires the employer to develop and implement a 
written housekeeping program that establishes the frequency and 
method(s) determined best to reduce accumulations of fugitive grain 
dust on ledges, floors, equipment, and other exposed surfaces.
    Under paragraph (m)(1), the employer is required to implement 
preventive maintenance procedures consisting of regularly scheduled 
inspections of at least the mechanical and safety control equipment 
associated with dryers, grain stream processing equipment, dust 
collection equipment including filter collectors, and bucket elevators. 
Paragraph (m)(3) requires a certification be maintained of each 
inspection. Paragraph (m)(4) requires the employer to implement 
procedures for the use of tags and locks which will prevent the 
inadvertent application of energy or motion to equipment being 
repaired, serviced, or adjusted.

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 Standard on Grain Handling 
Facilities (29 CFR 1910.272). The Agency is requesting to reduce its 
current burden hour estimate associated with this Standard from 73,572 
hours to 70,355 hours for a total reduction of 3,217 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: Grain Handling Facilities Standard (29 CFR 1910.272).
    OMB Number: 1218-0206.
    Affected Public: Business or other for-profit.
    Number of Respondents: 19,121.
    Total Responses: 1,343,420.
    Estimated Time per Response: Varies from 1 minute (.02 hour) to 
maintain certification records to 3 hours to modify action plans/
housekeeping programs/tag and lock procedures.
    Total Burden Hours: 70,355.
    Estimated Cost (Operation and Maintenance): $0.

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-2008-0001). 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.

[[Page 6744]]

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. 5-2007 (72 FR 
31159).

    Signed at Washington, DC, on January 30, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-2060 Filed 2-4-08; 8:45 am]

BILLING CODE 4510-26-P
