
[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Notices]               
[Page 57198-57200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no09-104]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0035]

 
Standard on Ethylene Oxide (EtO); 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 comments concerning its proposal to 
extend OMB approval of the information collection requirements 
specified in the Standard on Ethylene Oxide (EtO) (29 CFR 1910.1047).

DATES: Comments must be submitted (postmarked, sent, or received) by 
January 4, 2010.

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-2009-0035, 
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-2009-0035) 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

[[Page 57199]]

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 Jamaa Hill or 
Todd Owen at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Jamaa Hill 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 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 EtO Standard specifies a number of paperwork requirements. The 
following is a brief description of the collections of information 
requirements contained in the Standard.
    The information collection requirements specified in Ethylene Oxide 
Standard protect workers from the adverse health effects that may 
result from occupational exposure to ethylene oxide. The principal 
information collection requirements in the EtO Standard include 
conducting worker exposure monitoring, notifying workers of the 
exposure, implementing a written compliance program, and implementing 
medical surveillance of workers. Also, the examining physician must 
provide specific information to ensure that workers receive a copy of 
their medical examination results. The employer must maintain exposure-
monitoring and medical records for specific periods, and provide access 
to these records by OSHA, the National Institute for Occupational 
Safety and Health, the affected workers, and their authorized 
representatives and other designated parties.

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 collection 
of information requirements contained in the EtO Standard (29 CFR 
1910.1047). The Agency is requesting a decrease in burden hours for the 
collections of information contained in the EtO Standard from 42,732 
hours to 41,544 hours (a reduction of 1,118 hours). This 1,118 hour 
decrease is mainly a result of a decrease in the number of facilities 
affected by the Standard, from 5,574 to 4,001 facilities. The Agency 
will summarize the comments submitted in response to this notice, and 
will include this summary in its request to OMB to extend the approval 
of these information collection requirements.
    Type of Review: Extension of a currently approved collection.
    Title: Standard on Ethylene Oxide (29 CFR 1910.1047).
    OMB Control Number: 1218-0108.
    Affected Public: Business or other for-profits.
    Number of Respondents: 4,001.
    Frequency: On occasion.
    Average Time per Response: Varies from five minutes (.08 hour) for 
employers to maintain records to one hour for employers to update their 
compliance plans.
    Estimated Total Burden Hours: 41,544.
    Estimated Cost (Operation and Maintenance): $6,640,301.

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 OSHA docket number for the ICR (Docket No. OSHA-2009-0035). 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 currier 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 index, some information (e.g., copyrighted material, is 
not publically 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 site to submit

[[Page 57200]]

comments and access the docket is available through 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

    Jordan Barab, Acting 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 
31160).

    Signed at Washington, DC, in October, 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-26549 Filed 11-3-09; 8:45 am]

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