
[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Notices]               
[Page 17164-17166]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap10-87]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0018]

 
Asbestos in General Industry; 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 its Standard on Asbestos in General Industry (29 CFR 
1910.1001).

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

ADDRESSES: Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the

[[Page 17165]]

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, OSHA Docket No. OSHA-2010-
0018, 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 Docket 
No. OSHA-2010-0018). 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 Jamaa N. Hill 
at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Todd Owen or Jamaa N. Hill, 
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 basic purpose of the information collection requirements in the 
Standard is to document that employers in general industry are 
providing their workers with protection from hazardous asbestos 
exposure. Asbestos exposure results in asbestosis, an emphysema-like 
condition; lung cancer; mesothelioma; and gastrointestinal cancer.
    Several provisions of the Standard specify paperwork requirements, 
including:
    Implementing an exposure monitoring program that notifies workers 
of their exposure monitoring results; establishing a written compliance 
program; and informing laundry personnel of the requirement to prevent 
release of airborne asbestos above the time-weighted average and 
excursion limit. Other provisions associated with paperwork 
requirements include: Maintaining records of information obtained 
concerning the presence, location, and quantity of asbestos-containing 
materials (ACMs) and/or presumed asbestos-containing materials (PACMs) 
in a building/facility; notifying housekeeping workers of the presence 
and location of ACMs and PACMs in areas they may contact during their 
work; posting warning signs demarcating regulated areas; posting signs 
in mechanical rooms/areas that workers may enter and that contain ACMs 
and PACMs, informing them of the identity and location of these 
materials and work practices that prevent disturbing the materials; and 
affixing warning labels to asbestos-containing products and to 
containers holding such products. Additional provisions that contain 
paperwork requirements include: Developing specific information and 
training programs for workers; using information, data, and analyses to 
demonstrate that PACMs do not contain asbestos; providing medical 
surveillance for workers potentially exposed to ACMs and/or PACMs, 
including administering a worker medical questionnaire, providing 
information to the examining physician, and providing the physician's 
written opinion to the worker; maintaining exposure monitoring records, 
objective data used for exposure determinations, and medical 
surveillance; making specified records (e.g., exposure monitoring and 
medical surveillance records) available to designated parties; and 
transferring exposure monitoring and medical surveillance records to 
the National Institute for Occupational Safety and Health (NIOSH) on 
cessation of business, if so requested by NIOSH.
    These paperwork requirements permit employers, workers and their 
designated representatives, OSHA, and other specified parties to 
determine the effectiveness of an employer's asbestos-control program. 
Accordingly, the requirements ensure that workers exposed to asbestos 
receive all of the protection afforded by the Standard.

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 Asbestos in 
General Industry (29 CFR 1910.1001). The Agency is requesting to reduce 
the burden hours associated with the Standard from 23,849 to 11,933 for 
a total reduction of 11,916 burden hours. The primary reason for this 
reduction is that the estimated number of affected

[[Page 17166]]

facilities covered by this Standard has been reduced.
    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 information 
collection.
    Title: Asbestos in General Industry (29 CFR 1910.1001).
    OMB Number: 1218-0133.
    Affected Public: Business or other for-profits.
    Number of Respondents: 243.
    Frequency: Annually; semi-annually.
    Average Time per Response: Varies from 5 minutes to maintain 
records to 1.5 hours for workers to receive training or medical 
evaluations.
    Estimated Total Burden Hours: 11,933.
    Estimated Cost (Operation and Maintenance): $862,347.

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 (OSHA Docket No. OSHA-2010-
0018). 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.
    Electronic copies of this Federal Register document are available 
at http://www.regulations.gov. This document as well as news releases 
and other relevant information also are available at OSHA's Web page at 
http://www.osha.gov.

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. 5-2007 
(72 FR 31160).

    Signed at Washington, DC, on March 30, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-7586 Filed 4-2-10; 8:45 am]
BILLING CODE 4510-26-P

