Ss_1218-0237(05-14-07)-all

PAPERWORK REDUCTION ACT SUBMISSION
Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency’s Paperwork Clearance Officer. Send two copies of
this form the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 101022, 725 17th Street, NW, Washington, DC 20503.

1.

Agency/Subagency originating request

2.

Department of Labor
Occupational Safety and Health Administration
3.

OMB control number
a.

4.

Type of information collection (check one)

1218 -0237

b.

None

(new)

Type of review requested (check one)

a.

New Collection

a.

Regular

b.

Revision of a currently approved collection

b.

Emergency - Approval requested by:

c.

Extension of a currently approved collection

d.

Reinstatement, without change, of a previously approved
collection for which approval has expired

e.

Reinstatement, with change, of a previously approved
collection for which approval has expired

c.
Delegated
Small entities
Will this information collection have a significant economic impact on a substantial
number of small entities?
Yes
No
Requested expiration date

5.

6.

Existing collection in use without an OMB control number
f.
For b-f, note item A2 of Supporting Statement instructions

a.

Three years from approval date?

b.

Other Specify:

/

/

/__

(month/ year)

7. ADDITIONAL REQUIREMENTS FOR SPECIAL DIPPING AND COATING OPERATIONS (DIP TANKS) (29 CFR 1910.126(g)(4))
8. Agency form number(s) (if applicable) None

9. Keywords: Coating, Detearing, Dip Tanks, Dipping, Occupational safety and health, Safety
10. Abstract The information collection requirement contained in the standard is to ensure that employees are aware of the safe distance to be when
electrostatic paint detearing equipment is being used.
12.

11.Affected public (Mark primary with “P” and all others that apply with “X”)
a.
b.

P

c.

Individuals or households

d.

Farms

Business or other for-profit

e.

Federal Government

Not-for-profit institutions

f.

State, Local or Tribal Government

Obligation to respond (Mark primary with “P” and all others that apply with “X”)
a.
Voluntary
Require to obtain or retain benefits

b.

13. Annual reporting and recordkeeping hour burden

c.

P

Mandatory

14. Annual reporting and recordkeeping cost burden (in thousands of dollars)

a. Number of respondents

1

a. Total annualized capital/startup
costs

0

b.

1

b.

0

0%

c.

1

d.

Current OMB inventory

0

1
0

e.

Difference

0

f.

Explanation of difference

Total annual responses

1. Percentages of these responses
collected electronically
c.

Total annual hours requested

d.

Current OMB inventory

e.

Difference

f.

Explanation of difference

0

0

15. Purpose of information collection (Mark primary with “P” and all others that apply
with “X”)
Application for benefits

e.

b.

Program evaluation

f.

c.

General purpose statistics

g.

d.

Audit

Program planning or management
Research

P Regulatory or compliance

17. Statistical methods
Does this information collection employ statistical methods?

16. Frequency of recordkeeping or reporting (check all that apply)
a.
Recordkeeping
b.
Third party disclosure
Reporting
c.
1.
On occasion
2.
Weekly
3.
Monthly
4.
Quarterly
5.
Semi-annually
6.
Annually
7.
Biennially
8.
Other (describe) _______________
18. Agency contact (person who can best answer questions regarding the content of this
submission)
Name: Theda Kenney

No
Phone:

OMB 83-I

0

2. Adjustment

2. Adjustments

Yes

Total annualized cost
requested

1. Program change

1. Program change

a.

Total annual costs (O&M)

(202) 693-2222
10/95

19. Certification for Paperwork Reduction Act Submissions
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5
CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8 (b)(3), appear at the end of the
instructions. The certification is to be made with reference to those regulatory provisions as set forth in the
instructions.
The following is a summary of the topics, regarding the proposed collections of information, that the certification
covers:
(a) Is necessary for proper performance of the agency's functions and has practical utility;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent and unambiguous terminology that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping
practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3)
(h) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and
effective management and use of the information to be collected (see note in Item 19 of the
Instructions);
(i) It uses effective and efficient statistical survey methodology; and,
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in
Item 18 of the Supporting Statement.
Agency Clearance Officer

Date

Todd R. Owen, OSHA Clearance Officer
Signature of Senior Departmental Official or Designee

Ira L. Mills, Departmental Clearance Officer

Date

SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENT OF THE
STANDARD ON DIPPING AND COATING OPERATIONS
(DIP TANKS) (29 CFR 1910.126(g)(4)) 1
OFFICE OF MANAGEMENT AND BUDGET (OMB)
CONTROL NUMBER 1218-0237 (May 2007)

JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative
requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation
mandating or authorizing the collection of information.

The Occupational Safety and Health Act’s (OSH Act) main objective is to “assure so far as
possible every working man and woman in the Nation safe and healthful working conditions and
to preserve our human resources” (29 U.S.C. 651). To achieve this objective, the OSH Act
specifically authorizes “the development and promulgation of occupational safety and health
standards” (29 U.S.C. 651). In addition, the OSH Act specifies that “[e]ach employer shall
make, keep and preserve, and make available to the Secretary . . . such records . . . as the
Secretary . . . may prescribe by regulation as necessary or appropriate for the enforcement of this
Act . . . ” (29 U.S.C. 657).
Under the authority granted by the OSH Act, the Occupational Safety and Health Administration
(OSHA) published a Standard on Dipping and Coating Operations (Dip Tanks) (the “Standard”).
Section 1910.126(g)(4) is to ensure that employers make employees aware of the minimum
distance between goods being electrostatically deteared. Items 2 and 12 below list and describe
the specific information collection requirement of the Standard.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the
actual use the Agency has made of the information received from the current collection.

Dipping and Coating Operations (Dip Tanks) (§ 1910.126(g)(4))
As specified in paragraph (g)(4), employers must conspicuously post on a sign the minimum safe
distance of at least twice the sparking distance between goods being electrostatically deteared
and the electrodes or conductors of the electrostatic equipment.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic,
mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting
electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any
consideration of using information technology to reduce burden.

1

The purpose of this supporting statement is to analyze and describe the burden hours and costs associated
with the provision of the Standard that contains a paperwork requirement, and does not provide information or
guidance on how to comply with or to enforce the Standard.

Employers may use improved information technology when establishing and maintaining the
required record. OSHA wrote the paperwork requirement of the Standard in performanceoriented language, i.e., in terms of what data to collect, not how to collect the data.
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be
used or modified for use for the purposes described in Item 2 above.

The requirements to collect and maintain information are specific to each employer involved,
and no other source or agency duplicates the requirement or can make the required information
available to OSHA (i.e., the required information is available only from employers).
5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe
any methods used to minimize burden.

The information collection requirement of the Standard does not have a significant impact on a
substantial number of small entities.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less
frequently, as well as any technical or legal obstacles to reducing burden.

The information collection frequencies specified by the Standard are the minimum frequencies
necessary to ensure that employers inform employees of the minimum safe sparking distance
between goods being electrostatically deteared and the electrodes or conductors of the
electrostatic equipment.
7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

•

Requiring respondents to report information to the agency more often than quarterly;

•

Requiring respondents to prepare a written response to a collection of information in fewer than 30 days
after receipt of it;

•

Requiring respondents to submit more than an original and two copies of any document;

•

Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or
tax records for more than three years;

•

In connection with a statistical survey, that is not designed to produce valid and reliable results that can be
generalized to the universe of study;

•

Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

•

That includes a pledge of confidentiality that is not supported by authority established in statute or
regulation, that is not supported by disclosure and data security policies that are consistent with the
pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential
use; or

•

Requiring respondents to submit proprietary trade secret, or other confidential information unless the
agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the
extent permitted by law.

2

No special circumstances exist that require employers to collect information in the manner or
using the procedures described in this item.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of
the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to
submission to OMB. Summarize public comments received in response to that notice and describe actions taken by
the agency in response to these comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of data,
frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and
on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who must compile
records should occur at least once every 3 years, even if the collection-of-information activity is the same as in prior
periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances
should be explained.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), OSHA
published a notice in the Federal Register on March 15, 2007 (72 FR 12201, Docket No. OSHA2007-0014) requesting public comment on its proposal to extend the Office of Management and
Budget’s approval of the information collection requirements found in the Standard on Dipping
and Coating Operations (Dip Tanks) (29 CFR 1910.126). This notice was part of a preclearance
consultation program that provided the general public and government agencies with an
opportunity to comment. The Agency received no comments in response to its notice..
9. Explain any decision to provide any payment or gift to respondents, other than reenumeration of contractors or
grantees.

The Agency will not provide payments or gifts to the respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute,
regulation, or agency policy.

The paperwork requirement in the Standard does not require the collection of confidential
information.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes,
religious beliefs, and other matters that are commonly considered private. This justification should include the
reason why the agency considers the questions necessary, the specific uses to be made of the information, the
explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain
their consent.

The paperwork requirement in the Standard does not require the collection of sensitive
information.
12. Provide estimates of the hour burden of the collection of information. The statement should:
•

Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of
how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to
obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10)

3

of potential respondents is desirable. If the hour burden on respondents is expected to vary widely
because of differences inactivity, size, or complexity, show the range of estimated hour burden, and
explain the reasons for the variance. Generally, estimates should not include burden hours for customary
and usual business practices.
•

If this request for approval covers more than one form, provide separate hour burden estimates for each
form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

•

Provide estimates of annualized cost to respondents for the hour burdens for collections of information,
identifying and using appropriate wage-rate categories. The cost of contracting out or paying outside
parties for information collection activities should not be included here. Instead the cost should be
included in Item 13.

Burden Hour and Cost Determinations
Displaying the Minimum Safe Distance (§ 1910.126 (g)(4))
This provision requires the employer to determine how far away goods being electrostatically
deteared should be separated from electrodes or conductors. This distance is called the “safe
distance.” This minimum distance must be displayed conspicuously on a sign located near the
equipment.
OSHA has determined that where electrostatic equipment is being used, the information has
already been ascertained and that the “safe distance” has been displayed on a sign in a permanent
manner. The Agency does not believe that this equipment is currently being manufactured or
used due to changes in technology. OSHA does not believe there is any burden associated with
the information collection requirement in the provision and is, therefore, estimating zero burden
hours and no cost to the employer.
13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the
collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)

Costs under this Item for complying with this Standard are included under those costs in Item 12.
14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used
to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead,
printing, and support staff), and any other expense that would not have been incurred without this collection of
information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

There are no costs to the Federal Government because new technology has eliminated the need
to manufacture or use electrostatic paint detearing equipment.
15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 per OMB Form 83-I.

There are no program changes or adjustments to Items 13 or 14 of the OMB Form 83-I.
16. For collections of information whose results will be published, outline plans for tabulation, and publication.
Address any complex analytical techniques that will be used. Provide the time schedule for the entire project,

4

including beginning and ending dates of the collection information, completion of report, publication dates, and
other actions.

OSHA will not publish the information collected under the Standard.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain
the reasons that display would be appropriate.

OSHA is not seeking such approval. There are no forms on which to display the expiration for
the information collection requirement.
18. Explain each exception to the certification statement identified in Item 19 per "Certification for Paperwork
Reduction Act Submission," of OMB Form 83-I.

OSHA is not seeking an exception to the certification statement in item 19.

5

SEC. 2. Congressional Findings and Purpose
(a) The Congress finds that personal injuries and illnesses arising out of work
situations impose a substantial burden upon, and are a hindrance to, interstate
commerce in terms of lost production, wage loss, medical expenses, and disability
compensation payments.
(b) The Congress declares it to be its purpose and policy, through the exercise of
its powers to regulate commerce among the several States and with foreign
nations and to provide for the general welfare, to assure so far as possible every
working man and woman in the Nation safe and healthful working conditions and
to preserve our human resources -(1) by encouraging employers and employees in their efforts to reduce the
number of occupational safety and health hazards at their places of employment,
and to stimulate employers and employees to institute new and to perfect
existing programs for providing safe and healthful working conditions; (2) by
providing that employers and employees have separate but dependent
responsibilities and rights with respect to achieving safe and healthful working
conditions;
(3) by authorizing the Secretary of Labor to set mandatory occupational safety
and health standards applicable to businesses affecting interstate commerce,
and by creating an Occupational Safety and Health Review Commission for
carrying out adjudicatory functions under the Act;
(4) by building upon advances already made through employer and employee
initiative for providing safe and healthful working conditions;
(5) by providing for research in the field of occupational safety and health,
including the psychological factors involved, and by developing innovative
methods, techniques, and approaches for dealing with occupational safety and
health problems;
(6) by exploring ways to discover latent diseases, establishing causal
connections between diseases and work in environmental conditions, and
conducting other research relating to health problems, in recognition of the fact
that occupational health standards present problems often different from those
involved in occupational safety;
(7) by providing medical criteria which will assure insofar as practicable that no
employee will suffer diminished health, functional capacity, or life expectancy as
a result of his work experience;
(8) by providing for training programs to increase the number and competence
of personnel engaged in the field of occupational safety and health; affecting the
OSH Act since its passage in 1970 through January 1, 2004.
(9) by providing for the development and promulgation of occupational safety
and health standards;
(10) by providing an effective enforcement program which shall include a
prohibition against giving advance notice of any inspection and sanctions for any
individual violating this prohibition;

29 USC 651

(11) by encouraging the States to assume the fullest responsibility for the
administration and enforcement of their occupational safety and health laws by
providing grants to the States to assist in identifying their needs and
responsibilities in the area of occupational safety and health, to develop plans in
accordance with the provisions of this Act, to improve the administration and
enforcement of State occupational safety and health laws, and to conduct
experimental and demonstration projects in connection therewith;
(12) by providing for appropriate reporting procedures with respect to
occupational safety and health which procedures will help achieve the objectives
of this Act and accurately describe the nature of the occupational safety and
health problem;
(13) by encouraging joint labor-management efforts to reduce injuries and
disease arising out of employment.

2

SEC. 8. Inspections, Investigations, and Recordkeeping
(a) In order to carry out the purposes of this Act, the Secretary, upon
presenting appropriate credentials to the owner, operator, or agent in
charge, is authorized -(1) to enter without delay and at reasonable times any factory,
plant, establishment, construction site, or other area, workplace or
environment where work is performed by an employee of an
employer; and
(2) to inspect and investigate during regular working hours and at
other reasonable times, and within reasonable limits and in a
reasonable manner, any such place of employment and all pertinent
conditions, structures, machines, apparatus, devices, equipment,
and materials therein, and to question privately any such employer,
owner, operator, agent or employee.
(b) In making his inspections and investigations under this Act the
Secretary may require the attendance and testimony of witnesses and
the production of evidence under oath. Witnesses shall be paid the
same fees and mileage that are paid witnesses in the courts of the
United States. In case of a contumacy, failure, or refusal of any person
to obey such an order, any district court of the United States or the
United States courts of any territory or possession, within the
jurisdiction of which such person is found, or resides or transacts
business, upon the application by the Secretary, shall have jurisdiction
to issue to such person an order requiring such person to appear to
produce evidence if, as, and when so ordered, and to give testimony
relating to the matter under investigation or in question, and any failure
to obey such order of the court may be punished by said court as a
contempt thereof.
(c) (1) Each employer shall make, keep and preserve, and make
available to the Secretary or the Secretary of Health and Human
Services, such records regarding his activities relating to this Act as the
Secretary, in cooperation with the Secretary of Health and Human
Services, may prescribe by regulation as necessary or appropriate for
the enforcement of this Act or for developing information regarding the
causes and prevention of occupational accidents and illnesses. In order
to carry out the provisions of this paragraph such regulations may
include provisions requiring employers to conduct periodic inspections.
The Secretary shall also issue regulations requiring that employers,
through posting of notices or other appropriate means, keep their
employees informed of their protections and obligations under this Act,
including the provisions of applicable standards.

(2) The Secretary, in cooperation with the Secretary of Health and
Human Services, shall prescribe regulations requiring employers to
maintain accurate records of, and to make periodic reports on,
work-related deaths, injuries and illnesses other than minor injuries
requiring only first aid treatment and which do not involve medical
treatment, loss of consciousness, restriction of work or motion, or
transfer to another job.

29 USC 657

(3) The Secretary, in cooperation with the Secretary of Health and
Human Services, shall issue regulations requiring employers to
maintain accurate records of employee exposures to potentially toxic
materials or harmful physical agents which are required to be
monitored or measured under section 6. Such regulations shall
provide employees or their representatives with an opportunity to
observe such monitoring or measuring, and to have access to the
records thereof. Such regulations shall also make appropriate
provision for each employee or former employee to have access to
such records as will indicate his own exposure to toxic materials or
harmful physical agents. Each employer shall promptly notify any
employee who has been or is being exposed to toxic materials or
harmful physical agents in concentrations or at levels which exceed
those prescribed by an applicable occupational safety and health
standard promulgated under section 6, and shall inform any
employee who is being thus exposed of the corrective action being
taken.
(d) Any information obtained by the Secretary, the Secretary of Health
and Human Services, or a State agency under this Act shall be obtained
with a minimum burden upon employers, especially those operating
small businesses. Unnecessary duplication of efforts in obtaining
information shall be reduced to the maximum extent feasible.
(e) Subject to regulations issued by the Secretary, a representative of
the employer and a representative authorized by his employees shall be
given an opportunity to accompany the Secretary or his authorized
representative during the physical inspection of any workplace under
subsection (a) for the purpose of aiding such inspection. Where there is
no authorized employee representative, the Secretary or his authorized
representative shall consult with a reasonable number of employees
concerning matters of health and safety in the workplace.
(f) (1) Any employees or representative of employees who believe that
a violation of a safety or health standard exists that threatens physical
harm, or that an imminent danger exists, may request an inspection by
giving notice to the Secretary or his authorized representative of such
violation or danger. Any such notice shall be reduced to writing, shall
set forth with reasonable particularity the grounds for the notice, and
shall be signed by the employees or representative of employees, and a
copy shall be provided the employer or his agent no later than at the
time of inspection, except that, upon the request of the person giving
such notice, his name and the names of individual employees referred
to therein shall not appear in such copy or on any record published,
released, or made available pursuant to subsection (g) of this section. If
upon receipt of such notification the Secretary determines there are
reasonable grounds to believe that such violation or danger exists, he
shall make a special inspection in accordance with the provisions of this
section as soon as practicable, to determine if such violation or danger
exists. If the Secretary determines there are no reasonable grounds to
believe that a violation or danger exists he shall notify the employees or
representative of the employees in writing of such determination.
(2) Prior to or during any inspection of a workplace, any employees

2

or representative of employees employed in such workplace may
notify the Secretary or any representative of the Secretary
responsible for conducting the inspection, in writing, of any violation
of this Act which they have reason to believe exists in such
workplace. The Secretary shall, by regulation, establish procedures
for informal review of any refusal by a representative of the
Secretary to issue a citation with respect to any such alleged
violation and shall furnish the employees or representative of
employees requesting such review a written statement of the
reasons for the Secretary's final disposition of the case.
(g) (1) The Secretary and Secretary of Health and Human Services are
authorized to compile, analyze, and publish, either in summary or
detailed form, all reports or information obtained under this section.
(2) The Secretary and the Secretary of Health and Human Services
shall each prescribe such rules and regulations as he may deem
necessary to carry out their responsibilities under this Act, including
rules and regulations dealing with the inspection of an employer's
establishment.
(h) The Secretary shall not use the results of enforcement activities,
such as the number of citations issued or penalties assessed, to
evaluate employees directly involved in enforcement activities under
this Act or to impose quotas or goals with regard to the results of such
activities.

3

Pub. L. 105-198 added
subsection (h).

§ 1910.126

29 CFR Ch. XVII (7–1–05 Edition)

must be from a safe and accessible location.
(4) You must ensure that automatic
pumps are used when gravity flow from
the bottom drain is impractical.
(d) When must my conveyor system
shut down automatically? If your conveyor system is used with a dip tank,
the system must shut down automatically:
(1) If there is a fire; or
(2) If the ventilation rate drops below
what is required by paragraph (b) of
§ 1910.124.
(e) What ignition and fuel sources
must be controlled? (1) In each vapor
area and any adjacent area, you must
ensure that:
(i) All electrical wiring and equipment conform to the applicable hazardous (classified)-area requirements of
subpart S of this part (except as specifically permitted in paragraph (g) of
§ 1910.126); and
(ii) There are no flames, spark-producing devices, or other surfaces that
are hot enough to ignite vapors.
(2) You must ensure that any portable container used to add liquid to the
tank is electrically bonded to the dip
tank and positively grounded to prevent static electrical sparks or arcs.
(3) You must ensure that a heating
system that is used in a drying operation and could cause ignition:
(i) Is installed in accordance with
NFPA 86A–1969, Standard for Ovens and
Furnaces (which is incorporated by reference in § 1910.6 of this part);
(ii) Has adequate mechanical ventilation that operates before and during
the drying operation; and
(iii) Shuts down automatically if any
ventilating fan fails to maintain adequate ventilation.
(4) You also must ensure that:
(i) All vapor areas are free of combustible debris and as free as practicable
of combustible stock;
(ii) Rags and other material contaminated with liquids from dipping or
coating operations are placed in approved waste cans immediately after
use; and
(iii) Waste can contents are properly
disposed of at the end of each shift.
(5) You must prohibit smoking in a
vapor area and must post a readily

visible ‘‘No Smoking’’ sign near each
dip tank.
(f) What fire protection must I provide? (1) You must provide the fire protection required by this paragraph (f)
for:
(i) Any dip tank having a capacity of
at least 150 gallons (568 L) or a liquid
surface area of at least 4 feet 2 (0.38
m 1); and
(ii) Any hardening or tempering tank
having a capacity of at least 500 gallons (1893 L) or a liquid surface area of
at least 25 feet 2 (2.37 m 2).
(2) For every vapor area, you must
provide:
(i) Manual fire extinguishers that are
suitable for flammable and combustible liquid fires and that conform to
the requirements of § 1910.157; and
(ii) An automatic fire-extinguishing
system that conforms to the requirements of subpart L of this part.
(3) You may substitute a cover that
is closed by an approved automatic device for the automatic fire-extinguishing system if the cover:
(i) Can also be activated manually;
(ii) Is noncombustible or tin-clad,
with the enclosing metal applied with
locked joints; and
(iii) Is kept closed when the dip tank
is not in use.
(g) To what temperature may I heat
a liquid in a dip tank? You must maintain the temperature of the liquid in a
dip tank:
(1) Below the liquid’s boiling point;
and
(2) At least 100 °F (37.8 °C) below the
liquid’s autoignition temperature.
§ 1910.126 Additional requirements for
special dipping and coating operations.
In addition to the requirements in
§§ 1910.123 through 1910.125, you must
comply with any requirement in this
section that applies to your operation.
(a) What additional requirements
apply to hardening or tempering
tanks?
(1) You must ensure that hardening
or tempering tanks:
(i) Are located as far as practicable
from furnaces;
(ii) Are on noncombustible flooring;
and

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Occupational Safety and Health Admin., Labor
(iii) Have noncombustible hoods and
vents (or equivalent devices) for venting to the outside. For this purpose,
vent ducts must be treated as flues and
kept away from combustible materials,
particularly roofs.
(2) You must equip each tank with an
alarm that will sound if the temperature of the liquid comes within 50 °F (10
°C) of its flashpoint (the alarm set
point).
(3) When practicable, you must also
provide each tank with a limit switch
to shut down the conveyor supplying
work to the tank.
(4) If the temperature of the liquid
can exceed the alarm set point, you
must equip the tank with a circulating
cooling system.
(5) If the tank has a bottom drain,
the bottom drain may be combined
with the oil-circulating system.
(6) You must not use air under pressure when you fill the dip tank or agitate the liquid in the dip tank.
(b) What additional requirements
apply to flow coating? (1) You must use
a direct low-pressure pumping system
or a 10-gallon (38 L) or smaller gravity
tank to supply the paint for flow coating. In case of fire, an approved heatactuated device must shut down the
pumping system.
(2) You must ensure that the piping
is substantial and rigidly supported.
(c) What additional requirements
apply to roll coating, roll spreading, or
roll impregnating? When these operations use a flammable or combustible
liquid that has a flashpoint below 140
°F (60 °C), you must prevent sparking
of static electricity by:
(1) Bonding and grounding all metallic parts (including rotating parts) and
installing static collectors; or
(2) Maintaining a conductive atmosphere (for example, one with a high relative humidity) in the vapor area.
(d) What additional requirements
apply to vapor degreasing tanks? (1)
You must ensure that the condenser or
vapor-level thermostat keeps the vapor
level at least 36 inches (91 cm) or onehalf the tank width, whichever is less,
below the top of the vapor degreasing
tank.
(2) When you use gas as a fuel to heat
the tank liquid, you must prevent solvent vapors from entering the air-fuel

§ 1910.126

mixture. To do this, you must make
the combustion chamber airtight (except for the flue opening).
(3) The flue must be made of corrosion-resistant material, and it must extend to the outside. You must install a
draft diverter if mechanical exhaust is
used on the flue.
(4) You must not allow the temperature of the heating element to cause a
solvent or mixture to decompose or to
generate an excessive amount of vapor.
(e) What additional requirements
apply to cyanide tanks? You must ensure that cyanide tanks have a dike or
other safeguard to prevent cyanide
from mixing with an acid if a dip tank
fails.
(f) What additional requirements
apply to spray cleaning tanks and
spray degreasing tanks? If you spray a
liquid in the air over an open-surface
cleaning or degreasing tank, you must
control the spraying to the extent feasible by:
(1) Enclosing the spraying operation;
and
(2) Using mechanical ventilation to
provide enough inward air velocity to
prevent the spray from leaving the
vapor area.
(g) What additional requirements
apply to electrostatic paint detearing?
(1) You must use only approved electrostatic equipment in paint-detearing operations. Electrodes in such equipment
must be substantial, rigidly supported,
permanently located, and effectively
insulated from ground by nonporous,
noncombustible, clean, dry insulators.
(2) You must use conveyors to support any goods being paint deteared.
(3) You must ensure that goods being
electrostatically deteared are not
manually handled.
(4) Between goods being electrostatically deteared and the electrodes
or conductors of the electrostatic
equipment, you must maintain a minimum distance of twice the sparking
distance. This minimum distance must
be displayed conspicuously on a sign
located near the equipment.
(5) You must ensure that the electrostatic equipment has automatic controls that immediately disconnect the
power supply to the high-voltage transformer and signal the operator if:

415

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§ 1910.132

29 CFR Ch. XVII (7–1–05 Edition)

(i) Ventilation or the conveyors fail
to operate;
(ii) A ground (or imminent ground)
occurs anywhere in the high-voltage
system; or
(iii) Goods being electrostatically
deteared come within twice the sparking distance of the electrodes or conductors of the equipment.
(6) You must use fences, rails, or
guards, made of conducting material
and adequately grounded, to separate
paint-detearing operations from storage areas and from personnel.
(7) To protect paint-detearing operations from fire, you must have in
place:
(i) Automatic sprinklers; or
(ii) An automatic fire-extinguishing
system conforming to the requirements
of subpart L of this part.
(8) To collect paint deposits, you
must:
(i) Provide drip plates and screens;
and
(ii) Clean these plates and screens in
a safe location.

Subpart I—Personal Protective
Equipment
AUTHORITY: Sections 4, 6 and 8 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 653, 655, and 657); Section 107, Contract
Work Hours and Safety Standards Act (the
Construction Safety Act; 40 U.S.C. 333); Section 41, Longshore and Harbor Worker’s
Compensation Act (33 U.S.C. 941); and Secretary of Labor’s Order Nos. 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–
96 (62 FR 111), 3–2000 (65 FR 50017), or 5–2002
(67 FR 65008), as applicable.
Sections 29 CFR 1910.132, 1910.134, and
1910.138 also issued under 29 CFR part 1911.
Sections 29 CFR 1910.133, 1910.135, and
1910.136 also issued under 29 CFR part 1911
and 5 U.S.C. 553.

§ 1910.132 General requirements.
(a) Application. Protective equipment,
including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory
devices, and protective shields and barriers, shall be provided, used, and
maintained in a sanitary and reliable
condition wherever it is necessary by
reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irri-

tants encountered in a manner capable
of causing injury or impairment in the
function of any part of the body
through absorption, inhalation or
physical contact.
(b) Employee-owned equipment. Where
employees provide their own protective
equipment, the employer shall be responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment.
(c) Design. All personal protective
equipment shall be of safe design and
construction for the work to be performed.
(d) Hazard assessment and equipment
selection. (1) The employer shall assess
the workplace to determine if hazards
are present, or are likely to be present,
which necessitate the use of personal
protective equipment (PPE). If such
hazards are present, or likely to be
present, the employer shall:
(i) Select, and have each affected employee use, the types of PPE that will
protect the affected employee from the
hazards identified in the hazard assessment;
(ii) Communicate selection decisions
to each affected employee; and,
(iii) Select PPE that properly fits
each affected employee.
NOTE: Non-mandatory Appendix B contains
an example of procedures that would comply
with the requirement for a hazard assessment.

(2) The employer shall verify that the
required workplace hazard assessment
has been performed through a written
certification that identifies the workplace evaluated; the person certifying
that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the
document as a certification of hazard
assessment.
(e) Defective and damaged equipment.
Defective or damaged personal protective equipment shall not be used.
(f) Training. (1) The employer shall
provide training to each employee who
is required by this section to use PPE.
Each such employee shall be trained to
know at least the following:
(i) When PPE is necessary;
(ii) What PPE is necessary;
(iii) How to properly don, doff, adjust, and wear PPE;
(iv) The limitations of the PPE; and,

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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices

notifications disclosing all changes in
membership.
On May 27, 2003, Semiconductor Test
Consortium, Inc. filed its original
notification pursuant to Section 6(a) of
the Act. The Department of Justice
published a notice in the Federal
Register pursuant to Section 6(b) of the
Act on June 17, 2003 (68 FR 35913).
The last notification was filed with
the Department on October 25, 2006. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on November 22, 2006 (71 FR
67643).
Patricia A. Brink,
Deputy Director of Operations, Antitrust
Division.
[FR Doc. 07–1200 Filed 3–14–07; 8:45 am]
BILLING CODE 4410–11–M

DEPARTMENT OF LABOR
Mine Safety and Health Administration
Proposed Information Collection
Request Submitted for Public
Comment and Recommendations;
Safety Standards for Underground
Coal Mine Ventilation—Belt Entry Used
as an Intake Air Course To Ventilate
Working Sections and Areas Where
Mechanized Mining Equipment Is
Being Installed or Removed

rmajette on PROD1PC67 with NOTICES

ACTION:

Notice.

SUMMARY: The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95) [44 U.S.C. 3506 (c)(2)(A)]. This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed.
Currently, the Mine Safety and Health
Administration (MSHA) is soliciting
comments concerning the extension of
the information collection related to 30
CFR Sections 75.350, 75.351, 75.352 and
75.371.
DATES: Submit comments on or before
May 14, 2007.
ADDRESSES: Send comments to, Debbie
Ferraro, Management Services Division,
1100 Wilson Boulevard, Room 2171,

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Arlington, VA 22209–3939. Commenters
are encouraged to send their comments
on computer disk, or via Internet E-mail
to [email protected]. Ms.
Ferraro can be reached at (202) 693–
9821 (voice), or (202) 693–9801
(facsimile).
FOR FURTHER INFORMATION CONTACT:
employee listed in the ADDRESSES

The

section of this notice.
SUPPLEMENTARY INFORMATION:

I. Background
The Safety Standards for
Underground Coal Mine Ventilation—
Belt Entry rule provides safety
requirements for the use of the conveyor
belt entry as a ventilation intake to
course fresh air to working sections and
areas where mechanized mining
equipment is being installed or removed
in mines with three or more entries.
This rule is a voluntary standard. If the
mine operators choose to use belt air to
ventilate working places, the provisions
will maintain the level of safety in
underground mines while allowing
them to implement advances in mining
atmospheric monitoring technology.
This rule offers alternate provisions that
mine operators need to follow if they
want to use belt air to ventilate working
sections.
II. Desired Focus of Comments
MSHA is particularly interested in
comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
A copy of the proposed information
collection request can be obtained by
contacting the employee listed in the
FOR FURTHER INFORMATION CONTACT

section of this notice, or viewed on the
Internet by accessing the MSHA home
page (http://www.msha.gov) and then
choosing ‘‘Statutory and Regulatory

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Information’’ and ‘‘Federal Register
Documents.’’
III. Current Actions
This request for collection of
information from mine operators that
elect to use belt air to ventilate working
sections and areas where mechanized
equipment is being installed or removed
will be used by coal mine supervisors
and employees, State mine inspectors,
and Federal mine inspectors. The
information will provide insight into the
hazardous conditions that have been
encountered and those that may be
encountered. The records of inspections
greatly assist those who use them in
making decisions that will ultimately
affect the safety and health of miners
working in belt air mines.
Type of Review: Extension.
Agency: Mine Safety and Health
Administration.
Title: Safety Standards for
Underground Coal Mine Ventilation—
Belt Entry Used as an Intake Air Course
to Ventilate Working Sections and Areas
Where Mechanized Mining Equipment
Is Being Installed or Removed.
OMB Number: 1219–0138.
Frequency: On Occasion.
Affected Public: Business or other forprofit.
Respondents: 45.
Total Burden Hours: 9758.
Total Burden Cost (operating/
maintaining): $87,137.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Dated at Arlington, Virginia, this 9th day
of March, 2007.
David L. Meyer,
Director, Office of Administration and
Management.
[FR Doc. E7–4723 Filed 3–14–07; 8:45 am]
BILLING CODE 4510–43–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0014]

Standard on Additional Requirements
for Special Dipping and Coating
Operations (Dip Tanks); Extension of
the Office of Management and
Budget’s Approval of Information
Collection (Paperwork) Requirement
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.
AGENCY:

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rmajette on PROD1PC67 with NOTICES

Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices
SUMMARY: OSHA solicits public
comment concerning its proposal to
extend OMB approval of the
information collection requirement
specified in its standard on Additional
Requirements for Special Dipping and
Coating Operations (Dip Tanks) (29 CFR
1910.126(g)(4)). The provision is to
ensure that employers make employees
aware of the minimum distance between
goods being electrostatically deteared.
DATES: Comments must be submitted
(postmarked, sent, or received) by May
14, 2007.
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,
OSHA Docket No. OSHA–2007–0014,
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
Docket No. OSHA–2007–0014). 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

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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,
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 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 on Additional
Requirements for Special Dipping and
Coating Operations, 29 CFR
1910.126(g)(4)), requires employers to
post a conspicuous sign near each piece
of electrostatic detearing equipment that
notifies employees of the minimum safe
distance they must maintain between
goods undergoing electrostatic detearing
and the electrodes or conductors of the
equipment used in the process. Doing so
reduces the likelihood of igniting the
explosive chemicals used in
electrostatic detearing operations.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirement is necessary for
the proper performance of the Agency’s
functions to protect employees,

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12201

including whether the information is
useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirement,
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 requirement contained in the
Standard on Additional Requirements
for Special Dipping and Coating
Operations (Dip Tanks) (29 CFR
1910.126(g)(4)). The Agency is
requesting to retain its previous burden
hour estimate of 1 hour. 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
currently approved information
collection requirement.
Title: Standard on Additional
Requirements for Special Dipping and
Coating Operations (Dip Tanks) (29 CFR
1910.126).
OMB Number: 1218–0237.
Affected Public: Business or other forprofit.
Number of Respondents: 0.
Frequency of Recordkeeping: On
occasion.
Total Responses: 1.
Average Time Per Response: 0.
Estimated Total Burden Hours: 1.
Estimated Cost (Operation and
Maintenance). $0.
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–2007–
0014). 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

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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices

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 website.
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
webpage at http://www.osha.gov.
V. Authority and Signature

rmajette on PROD1PC67 with NOTICES

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. 5–2002 (67 FR 65008).
Signed at Washington, DC, on March 9,
2007.
Edwin G. Foulke, Jr.
Assistant Secretary of Labor.
[FR Doc. E7–4702 Filed 3–14–07; 8:45 am]
BILLING CODE 4510–26–P

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NATIONAL TRANSPORTATION
SAFETY BOARD
Sunshine Act Meeting; Notice
9:30 a.m., Tuesday,
March 20, 2007. (The time of this
meeting has changed to 12:30 p.m.)
PLACE: NTSB Conference Center, 429
L’Enfant Plaza SW., Washington, DC
20594.
STATUS: The two items are open to the
public.
MATTERS TO BE CONSIDERED:
7870: Railroad Accident Report—
Collision Of Two CN Freight Trains,
Anding, Mississippi, July 10, 2005
(DCA–05–MR–011).
7834A: Marine Accident Brief and
Safety Recommendation Letter—Fire on
Board U.S. Small Passenger Vessel
Massachusetts, Boston Harbor,
Massachusetts, June 12, 2006.
NEWS MEDIA CONTACT: Telephone: (202)
314–6100. Individuals requesting
specific accommodations should contact
Chris Bisett at (202) 314–6305 by
Friday, March 16, 2007.
The public may view the meting via
alive or archived Webcast by accessing
a link under ‘‘News & Events’’ on the
NTSB home page at http://
www.ntsb.gov.
TIME AND DATE:

FOR FURTHER INFORMATION CONTACT:

Vicky D’ Onofrio, (202) 314–6410.
Dated: March 13, 2007.
Candi R. Bing,
Federal Register Alternate Liaison Officer.
[FR Doc. 07–1283 Filed 3–13–07; 12:38 pm]
BILLING CODE 7533–01–M

NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–1257]

Notice of License Renewal Request of
AREVA NP, Richland, WA, and
Opportunity To Request a Hearing
Nuclear Regulatory
Commission.
ACTION: Notice of license renewal
application, and opportunity to request
a hearing.
AGENCY:

A request for a hearing must be
filed by May 14, 2007.
FOR FURTHER INFORMATION CONTACT:
Merritt Baker, Project Manager, Fuel
Facility Licensing Directorate, Division
of Fuel Cycle Safety and Safeguards,
Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555.
Telephone: (301) 415–6155; fax number:
(301) 415–5955; e-mail: [email protected].
DATES:

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SUPPLEMENTARY INFORMATION:

I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) has received, by
letter dated October 24, 2006, a license
renewal application from AREVA NP,
Inc. (AREVA), requesting renewal of
License No. SNM–1227 at its Richland
fuel fabrication facility located in
Richland, Washington. License No.
SNM–1227 authorizes the licensee to
possess and use special nuclear material
for the manufacture of fuel for nuclear
power plants.
The Richland facility has been
licensed by the Atomic Energy
Commission and its successor, the NRC,
to manufacture low-enriched uranium
fuel for nuclear power plants. The
license was renewed in 1996 for a
period of 10 years, expiring on
November 30, 2006. By applications
dated October 24 and December 13,
2006, AREVA requested renewal of their
license for a period of 40 years. The
NRC will review the license renewal
application for compliance with
applicable sections of regulations in
Title 10 of the Code of Federal
Regulations (10 CFR)—Energy, Chapter
I—Nuclear Regulatory Commission. The
license renewal application included an
Environmental Report, which the NRC
will review and use to prepare an
environmental assessment to assist in
the NRC’s determination on the license
renewal application, as required by 10
CFR Part 51, Environmental Protection
Regulations for Domestic Licensing and
Related Regulatory Functions, and the
National Environmental Policy Act.
An NRC administrative review,
documented in a letter to AREVA dated
February 7, 2007, (ML070320061) found
the application acceptable to begin a
technical review. Because AREVA filed
the application for renewal not less than
30 days before the expiration of the date
stated in the existing license, the
existing license will not expire until the
Commission makes a final
determination on the renewal
application, in accordance with the
timely renewal provision of 10 CFR
70.38(a)(1). If the NRC approves the
renewal application, the approval will
be documented in NRC License No.
SNM–1227. However, before approving
the proposed renewal, the NRC will
need to make the findings required by
the Atomic Energy Act of 1954, as
amended, and NRC’s regulations. These
findings will be documented in a Safety
Evaluation Report and an
Environmental Assessment and/or an
Environmental Impact Statement.

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