
[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Notices]               
[Page 65683-65685]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no08-79]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0048]

 
The Asbestos in Shipyards Standard; Extension of the Office of 
Management and Budget's 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 Asbestos in Shipyards Standard (29 CFR 1915.1001).

DATES: Comments must be submitted (postmarked, sent, or received) by 
January 5, 2009.

ADDRESSES: Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal e-
Rulemaking 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-2008-0048, 
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-2008-
0048). 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

[[Page 65684]]

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 (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 information collection requirements specified in the Asbestos 
in Shipyards Standard protect employees from the adverse health effects 
that may result from occupational exposure to asbestos. The major 
information collection requirements in the Standard include:
     Implementing an exposure monitoring program that informs 
employees of their exposure-monitoring results;
     At multi-employer worksites, notification of other on-site 
employers by employers establishing regulated areas for the type of 
work performed with asbestos-containing materials (ACMs) and/or 
presumed asbestos-containing materials (PACMs), the requirements that 
pertain to regulated areas and the measures the employers can use to 
protect their employees from asbestos overexposure;
     Developing specific information and training programs for 
employees;
     Providing medical surveillance for employees potentially 
exposed to ACMs and/or PACMs, including administering an employee 
medical questionnaire, providing information to the examining 
physician, and providing the physician's written opinion to the 
employee; and
     Maintaining records of objective data used for exposure 
determinations, employee exposure monitoring and medical surveillance 
records, training records, the record (i.e., information, data, and 
analyses) used to demonstrate that PACM does not contain asbestos, and 
notifications made and received by building/facility owners regarding 
the content of ACMs and PACMs.

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 proposing to extend the information collection requirements 
contained in the Asbestos in Shipyards Standard (29 CFR 1915.1001). The 
Agency is requesting an increase in its current burden hour total from 
1,426 hours to 1,621 for a total increase of 195 hours. The adjustment 
is primarily the result of an increase in the number of shipyards that 
may have employees exposed to asbestos. 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 Shipyards Standard (29 CFR 1915.1001).
    OMB Number: 1218-0195.
    Affected Public: Business or other for-profits; Federal Government; 
State, Local or Tribal Government.
    Frequency: On occasion.
    Average Time Per Response: Varies from 5 minutes (.08 hour) to 
provide information to the examining physician to 1.83 hours to develop 
alternative control methods.
    Estimated Total Burden Hours: 1,621.
    Estimated Cost (Operation and Maintenance): $37,798.

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-2008-0048). 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.

[[Page 65685]]

    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. 5-2007 (72 FR 
31159).

    Signed at Washington, DC, on October 29, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-26210 Filed 11-3-08; 8:45 am]

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