[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Notices]               
[Page 39050-39051]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy08-111]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0021]

 
Standard on Vinyl Chloride; 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 Vinyl Chloride (29 CFR 1910.1017).

DATES: Comments must be submitted (postmarked, sent, or received) by 
September 8, 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-2008-0021, 
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-2008-0021). 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 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,

[[Page 39051]]

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 specifies a number of paperwork requirements. The 
following is a brief description of the collection of information 
requirements contained in the Vinyl Chloride (VC) Standard.

 (A) Exposure Monitoring (Sec.  1910.1017(d))

    Paragraph 1910.1017(d)(2) requires employers to conduct exposure 
monitoring at least quarterly if the results show that employee 
exposures are above the permissible exposure limit (PEL), while those 
exposed at or above the Action Level (AL) must be monitored no less 
than semiannually. Paragraph (d)(3) requires that employers perform 
additional monitoring whenever there has been a change in VC 
production, process or control that may result in an increase in the 
release of VC.

(B) Written Compliance Plan (Sec.  1910.1017(f)(2) and (f)(3))

    Paragraph (f)(2) requires employers whose engineering and work 
practice controls cannot sufficiently reduce employee VC exposures to a 
level at or below the PEL to develop and implement a plan for doing so. 
Paragraph (f)(3) requires employers to develop this written plan and 
provide it upon request to OSHA for examination and copying. These 
plans must be updated annually.

(C) Medical Surveillance (Sec.  1910.1017(k))

    Paragraph (k) requires employers to develop a medical surveillance 
program for employees exposed to VC in excess of the action level. 
Examinations must be provided in accordance with this paragraph at 
least annually. Employers must also obtain, and provide to each 
employee, a copy of a physician's statement regarding the employee's 
suitability for continued exposure to VC, including use of protective 
equipment and respirators, if appropriate.

(D) Recordkeeping (Sec.  1910.1017(m))

    Employers must maintain employee exposure and medical records. The 
VC standard requires that employers make available monitoring, 
measuring, and medical records at the request of the Assistant 
Secretary (usually an OSHA compliance officer).

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 Standard on Vinyl Chloride 
(29 CFR 1910.1017). The Agency is requesting to reduce its current 
burden hour estimate associated with the Standard from 1,758 hours to 
712 hours for a total reduction of 1,046 hours. This decrease (based on 
new data obtained by the Agency) is a result of reducing the number of 
VC and PVC establishments from 77 to 32 establishments. The Agency will 
include this summary in its request to OMB to extend the approval of 
these collection of information requirements.
    Type of Review: Extension of a currently approved collection.
    Title: Vinyl Chloride (29 CFR 1910.1017).
    OMB Number: 1218-0010.
    Affected Public: Business or other for-profits.
    Number of Respondents: 32.
    Total Responses: 1,108.
    Frequency: On occasion.
    Estimated Time per Response: Varies from 5 minutes (.08 hour) for 
employers to maintain records to 12 hours for employers to update their 
compliance plans.
    Total Burden Hours: 1,758.
    Estimated Cost (Operation and Maintenance): $48,928.

IV. Public Participation--Submission of Comments on this Notice and 
Internet Access to Comments and Submissions

    You may submit comments and supporting materials in response to 
this notice by (1) Hard copy, (2) FAX transmission (facsimile), or (3) 
electronically through the OSHA Webpage. Because of security-related 
problems, there may be a significant delay in the receipt of comments 
by regular mail. Please contact the OSHA Docket Office at (202) 693-
2350 (TTY (877) 889-5627) for information about security procedures 
concerning the delivery of submissions by express delivery, hand 
delivery and courier service.
    All comments, submissions and background documents are available 
for inspection and copying at the OSHA Docket Office at the above 
address. Comments and submissions posted on OSHA's Webpage are 
available at http://www.OSHA.gov. Contact the OSHA Docket Office for 
information about materials not available through the OSHA Webpage and 
for assistance using the Webpage to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other 
relevant documents are available on OSHA's Webpage. Since all 
submissions become public, private information such as social security 
numbers should not be submitted.

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 July 1, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-15393 Filed 7-7-08; 8:45 am]

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