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Federal Register / Vol. 71, No.

19 / Monday, January 30, 2006 / Notices 4941

Avg. time
No. of re- No. of re- per re- Burden
Title Form No. spondents sponses sponse hours
(minutes)

Reporting Burden:
Application To Employ Homeworkers ................................................ WH–46 ..... 50 25 30 12.5
Homeworker Handbooks .................................................................... WH–75 ..... 302,005 1,208,020 30 604,010
Recordkeeping Burden:
Piece Rate Measurement ................................................................... .................. 50 150 60.5 151.25
Homeworker Handbooks .................................................................... .................. 75,501 1,208,020 .5 10,067

Total ............................................................................................. .................. 377,606 1,208,195 .................... 614,241

Comments submitted in response to OSHA Docket Office, Room N–2625, program ensures that information is in
this notice will be summarized and/or U.S. Department of Labor, 200 the desired format, reporting burden
included in the request for Office of Constitution Avenue, NW., Washington, (time and costs) is minimal, collection
Management and Budget approval of the DC 20210; telephone (202) 693–2350 instruments are clearly understood, and
information collection request; they will (OSHA’s TTY number is (877) 889– OSHA’s estimate of the information
also become a matter of public record. 5627). OSHA Docket Office and collection burden is accurate. The
Dated: January 25, 2006. Department of Labor hours are 8:15 a.m. Occupational Safety and Health Act of
Sue Blumenthal,
to 4:45 p.m., e.t. 1970 (the Act) (29 U.S.C. 651 et seq.)
Facsimile: If your comments are 10 authorizes information collection by
Acting Chief, Branch of Management Review pages or fewer in length, including
and Internal Control, Division of Financial
employers as necessary or appropriate
Management, Office of Management,
attachments, you may fax them to the for enforcement of the Act or for
Administration and Planning, Employment OSHA Docket Office at (202) 693–1648. developing information regarding the
Standards Administration. Electronic: You may submit causes and prevention of occupational
[FR Doc. E6–1133 Filed 1–27–06; 8:45 am]
comments through the Internet at http:// injuries, illnesses, and accidents (29
ecomments.osha.gov. Follow U.S.C. 657).
BILLING CODE 4510–27–P
instructions on the OSHA Web page for The collections of information in the
submitting comments. Standard are necessary for
DEPARTMENT OF LABOR Docket: For access to the docket to implementation of the requirements of
read or download comments or the standard. The information is used by
Occupational Safety and Health background materials, such as the employers to assure that processes using
Administration complete Information Collection highly hazardous chemicals with the
Request (ICR) (containing the potential of a catastrophic release are
[Docket No. ICR 1218–0200(2006)] Supporting Statement, OMB–83–I Form, operated as safely as possible. The
and attachments), go to OSHA’s Web employer must thoroughly consider all
Process Safety Management of Highly
page at http://www.OSHA.gov. In facets of a process, as well as the
Hazardous Chemicals Standard;
addition, the ICR, comments and involvement of employees in that
Extension of the Office of Management
submissions are available for inspection process. Employers analyze processes so
and Budget’s (OMB) Approval of
and copying at the OSHA Docket Office that they identify and control problems
Information Collection (Paperwork) at the address above. You may also
Requirements that could lead to a major release, fire,
contact Theda Kenney at the address or explosion. The following sections
AGENCY: Occupational Safety and Health below to obtain a copy of the ICR. For describe who uses the information
Administration (OSHA), Labor. additional information on submitting collected under each requirement, as
ACTION: Request for public comment. comments, please see the ‘‘Public well as how they use it.
Participation’’ heading in the (A) Employee Participation
SUMMARY: OSHA solicits public SUPPLEMENTARY INFORMATION section of (paragraph (c)). Employers are required
comment concerning its request for an this document. by paragraph (c)(1) to develop a written
extension of the information collection FOR FURTHER INFORMATION CONTACT: plan of action regarding the
requirements specified by its Process Theda Kenney or Todd Owen, implementation of the employee
Safety Management of Highly Directorate of Standards and Guidance, participation required by this paragraph.
Hazardous Chemicals Standard (29 CFR OSHA, Room N–3609, 200 Constitution Paragraph (c)(2) requires employers to
1910.119). Avenue, NW., Washington, DC 20210, consult with employees and their
DATES: Comments must be submitted by telephone: (202) 693–2222. representatives on the conduct and
the following dates: SUPPLEMENTARY INFORMATION: development of process hazard analyses
Hard copy: Your comments must be and on the development of the other
submitted by March 31, 2006. I. Background elements of process safety management
Facsimile and electronic The Department of Labor, as part of its in the Standard. Under paragraph (c)(3)
transmission: Your comments must be continuing effort to reduce paperwork employers must provide access to
received by March 31, 2006. and respondent (i.e., employer) burden, process hazard analyses to employees
ADDRESSES: You may submit comments, conducts a preclearance consultation and their representatives.
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identified by OSHA Docket No. ICR– program to provide the public with an (B) Process Safety information
1218–0200(2006), by any of the opportunity to comment on proposed (paragraph (d)). Paragraph (d) requires
following methods: and continuing information collection employers to complete a compilation of
Regular mail, express delivery, hand requirements in accordance with the written process safety information prior
delivery, and messenger service: Submit Paperwork Reduction Act of 1995 to conducting a process hazard analysis.
your comments and attachments to the (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This The compilation of written process

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4942 Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices

safety information, which includes practices apply to both employees and employer to establish written
information on the hazards of contractor employees. procedures to maintain the ongoing
chemicals, the technology of the (G) Training (Initial, Refresher, and integrity of process equipment.
process, and the equipment is to enable Documentation) (paragraphs (g)(1)– Paragraph (j)(4)(iv) requires that
the employer and employees involved (g)(3)). Paragraph (g)(1) requires employers document inspections and
in operating the process to identify and employers to train employees before tests performed on process equipment.
understand the hazards posed by they become involved in operating a The documentation shall identify the
processes involving highly hazardous newly assigned process. The training date of the inspection or test, the name
chemicals. shall emphasize specific safety and of the person who performed the
(C) Process Hazard Analysis health hazards; emergency operations, inspection or test, the serial number or
(paragraph (e)(1)). Paragraph (e)(1) including shutdown; and safe work other identifier of the equipment on
requires the employer to perform an practices applicable to the employee’s which the inspection or test was
initial process hazard analysis on job tasks. Paragraph (g)(2) requires that performed, a description of the
processes covered by the Standard. The the employer provide refresher training inspection or test performed, and the
evaluation must be appropriate to the at least every 3 years. Paragraph (g)(3) results of the inspection or test.
complexity of the process and must requires the employer to prepare a (J) Hot Work Permit (paragraph
identify, evaluate, and control the record that contains the name of (k)(2)). Paragraph (k)(2) requires the
hazards involved in the process. employee, the date of training, and the employer to provide the following
(D) Resolution of Hazards (paragraph means used to verify that the employee information on permits issued for hot
(e)(5)). Paragraph (e)(5) requires understood the training. work operations conducted on or near a
documentation of the actions the (H) Contractors (paragraphs (h)(2)(i)– covered process: The date(s) authorized
employer takes to resolve the findings (h)(2)(iv), (h)(2)(vi), (h)(3)(iii), and for hot work, and the identity of the
and recommendations of the team that (h)(3)(v)). This paragraph imposes object on which hot work is to be
performed the process hazard analysis, collection of information requirements performed. The permit must be kept on
including a schedule for completing on both employers and on contractors. file until completion of the hot work
these actions. In addition, the employer Paragraph (h)(2)(i) requires employers, operations.
is to communicate this information to when selecting a contractor, to obtain (K) Management of Change
affected operating, maintenance, and and evaluate information regarding the (paragraphs (l)(1), (l)(4), and (l)(5)).
other employees whose work contract employer’s safety performance Paragraph (I)(1) requires the employer to
assignments are in the process. and programs. Paragraph (h)(2)(ii) establish and implement written
(E) Updating, Revalidating, and requires that the employer inform procedures to manage changes (except
Retaining the Process Hazard Analysis contract employers of known potential for ‘‘replacements in kind’’) to process
(paragraphs (e)(6) and (e) (7)). fire, explosion, or toxic release hazards chemicals, technology, equipment, and
Paragraph (e)(6) requires that the initial related to the contractor’s work and the procedures; and for changes to facilities
process hazard analysis be updated and process. Paragraph (h)(2)(iii) requires that affect a covered process. Paragraph
revalidated by a team at least every 5 that the employer explain to contract (1)(4) requires the employer to update
years. Paragraph (e)(7) requires the employers the applicable provisions of the information in paragraph (d) of the
employer to retain process hazard the emergency action plan required by Standard if a change in paragraph (1)
analyses for each process covered by paragraph (n) of 29 CFR 1910.119. results in a change to the process safety
this section, as well as the documented Paragraph (h)(2)(iv) requires the information. Similarly, paragraph (1)(5)
resolution of recommendations employer to develop and implement requires the employer to update the
described in paragraph (e)(5). safe work practices consistent with information in paragraph (f) of the
(F) Operating Procedures (paragraphs paragraph (f)(4) of this section, to Standard if a change in paragraph (1)
(f)(1)–(f)(4)). Paragraph (f)(1) requires the control the entrance, presence and exit results in a change to the operating
employer to develop and implement of contract employers and contract procedures.
written operating procedures that employees in covered process areas. (L) Incident Investigations
provide clear instructions for safely Paragraph (h)(2)(vi) requires the (paragraphs (m)(4)–(m)(7)). Paragraph
conducting activities involved in each employer to maintain a contract (m)(4) requires that a report be prepared
covered process consistent with the employee injury and illness log related at the conclusion of any incident
process safety information. Paragraph to the contractor’s work in process investigation, and that the report
(f)(2) requires the employer to make the areas. Paragraph (h)(3)(iii) requires the include, at a minimum, the date of the
operating procedures readily accessible contract employer to document: that incident; the date the investigation
to employees who work in or maintain contract employees have been trained to began; a description of the incident; the
a process. Paragraph (f)(3) requires the perform their work practices safely and factors that contributed to the incident;
employer to review the operating are knowledgeable about the fire, and any recommendations resulting
procedures as often as necessary to explosion, and toxic hazards in the from the investigation. Paragraph (m)(5)
assure that they reflect current operating workplace; and the identity of the specifies that the employer must
practice, and that the employer certify contract employee who received the document resolutions and corrective
annually that these operating training, the date of training, and the measures taken with regard to the
procedures are current and accurate. means used to verify that the employee findings and recommendations
Paragraph (f)(4) requires the employer to understood the training. paragraph provided in an incident investigation
develop and implement safe work (h)(3)(v) requires the contractor to report, while paragraph (m)(6) states
practices that provide for the control of advise the employer of any unique that the employer must allow affected
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hazards during operations such as hazard presented by the contract personnel (including contract
lockout/tagout; confined space entry; employer’s work, or any hazards found employees), whose job tasks are relevant
opening process equipment or piping; by the contract employer’s work. to the incident findings, to review the
and control over entrance into a facility (I) Written Procedures, Inspections, report. Paragraph (m)(7) requires that
by maintenance, contractor, laboratory, and Testing (paragraphs (j)(2) and incident investigation reports be
or other support personnel. These safe (j)(4)(iv)). Paragraph (j)(2) requires the retained for 5 years.

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Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices 4943

(M) Emergency Planning and Type of Review: Extension of et seq.) and Secretary of Labor’s Order
Response (paragraph (n)). Paragraph (n) currently approved information No. 5–2002 (67 FR 65008).
requires the employer to establish and collection requirements. Signed at Washington, DC, on January 25,
implement an emergency action plan in Title: Process Safety Management of 2006.
accordance with the provisions of 29 Highly Hazardous Chemicals (29 CFR Jonathan L. Snare,
CFR 1910.38(a). In addition, the 1910.119).
Acting Assistant Secretary of Labor.
emergency action plan shall include OMB Number: 1218–0200.
Affected Public: Business or other for- [FR Doc. 06–844 Filed 1–27–06; 8:45 am]
procedures for handling small releases.
profits; Not-for-profit organizations; BILLING CODE 4510–26–M
(N) Compliance Audits (paragraph
(o)(1) and (o)(3)–(o)(5)). Under Federal Government; State, local or
paragraph (o)(1), employers are required tribal government.
Number of Respondents: 37,970. NATIONAL ARCHIVES AND RECORDS
to certify that they have evaluated
Frequency: On occasion. ADMINISTRATION
compliance with the provisions of this
Average Time per Response: Varies
section at least every 3 years to ensure Records Schedules; Availability and
from three minutes to generate and
that the procedures and practices Request for Comments
maintain training certification records to
developed under the standard are
2,454.4 hours to establish and AGENCY: National Archives and Records
adequate and are being followed.
implement a management-of-change Administration (NARA).
Paragraph (o)(3) requires that a report of
program.
the audit findings be developed, while ACTION: Notice of availability of
Estimated Total Burden Hours:
paragraph (o)(4) states that the employer proposed records schedules; request for
47,832,349.
must promptly determine and document Estimated Cost (Operation and comments.
an appropriate response to each of the Maintenance): $0.
findings of the compliance audit, and SUMMARY: The National Archives and
document that the deficiencies have IV. Public Participation—Submission of Records Administration (NARA)
been corrected. Paragraph (o)(5) requires Comments on this Notice and Internet publishes notice at least once monthly
that the 2 most recent reports be Access to Comments and Submissions of certain Federal agency requests for
retained. records disposition authority (records
You may submit comments and schedules). Once approved by NARA,
(O) Records Disclosure. Employers supporting materials in response to this records schedules provide mandatory
must disclose records required by the notice by (1) hard copy, (2) FAX instructions on what happens to records
Standard to an OSHA compliance transmission (facsimile), or (3) when no longer needed for current
officer during an OSHA inspection. electronically through the OSHA Web Government business. They authorize
II. Special Issues for Comment page. Because of security-related the preservation of records of
problems, there may be a significant continuing value in the National
OSHA has a particular interest in delay in the receipt of comments by Archives of the United States and the
comments on the following issues: regular mail. Please contact the OSHA destruction, after a specified period, of
• Whether the proposed information Docket Officer at (202) 693–2350 (TTY records lacking administrative, legal,
collection requirements are necessary (877) 889–5627) for information about research, or other value. Notice is
for the proper performance of the security procedures concerning the published for records schedules in
Agency’s functions, including whether deliver of submissions by express which agencies propose to destroy
the information is useful; delivery, hand delivery, and courier records not previously authorized for
• The accuracy of OSHA’s estimate of service. disposal or reduce the retention period
the burden (time and costs) of the All comments, submissions, and
of records already authorized for
information collection requirements, background documents are available for
disposal. NARA invites public
including the validity of the inspection and copying at the OSHA
comments on such records schedules, as
methodology and assumptions used; Docket Office at the above address.
required by 44 U.S.C. 3303a(a).
Comments and submissions posted on
• The quality, utility, and clarity of OSHA’s Web page are available at DATES: Requests for copies must be
the information collected; and http://www.OSHA.gov. Contact the received in writing on or before March
• Ways to minimize the burden on OSHA Docket Office for information 16, 2006. Once the appraisal of the
employers who must comply; for about materials not available through records is completed, NARA will send
example, by using automated or other the OSHA Web page and for assistance a copy of the schedule. NARA staff
technological information collection using the Web page to locate docket usually prepare appraisal
and transmission techniques. submissions. memorandums that contain additional
Electronic copies of this Federal information concerning the records
III. Proposed Actions covered by a proposed schedule. These,
Register notice as well as other relevant
OSHA is requesting OMB to extend documents are available on OSHA’s too, may be requested and will be
their approval of the collection of Web page. Since all submissions provided once the appraisal is
information requirements contained in become public, private information such completed. Requesters will be given 30
the Process Safety Management as social security number should not be days to submit comments.
Standard. The Agency is requesting a submitted. ADDRESSES: You may request a copy of
decrease in burden hours for the any records schedule identified in this
existing collection of information V. Authority and Signature notice by contacting the Life Cycle
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requirements from 50,980,689 to Jonathan L. Snare, Acting Assistant Management Division (NWML) using
47,832,349 (a total reduction of Secretary of Labor for Occupational one of the following means (Note the
3,148,340 hours). The Agency will Safety and Health, directed the new address for requesting schedules
summarize the comments submitted in preparation of this notice. The authority using e-mail): Mail: NARA (NWML),
response to this notice, and will include for this notice is the Paperwork 8601 Adelphi Road, College Park, MD
this summary in its request to OMB. Reduction Act of 1995 (44 U.S.C. 3506 20740–6001. E-mail:

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