60_Day_FR_Notice

Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices
this notice titled SUPPLEMENTARY

DEPARTMENT OF LABOR

INFORMATION.

Occupational Safety and Health
Administration
[Docket No. OSHA–2009–0016]

Process Safety Management of Highly
Hazardous Chemicals (PSM) Standard;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
AGENCY: Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.

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SUMMARY: OSHA solicits public
comments concerning its request for an
extension of the Office of Management
and Budget’s (OMB) approval of the
information collection requirements
specified in the Standard on Process
Safety Management of Highly
Hazardous Chemicals (PSM) (29 CFR
1910.119).
DATES: Comments must be submitted
(postmarked, sent, or received) by
November 9, 2009.
ADDRESSES: Electronically: You may
submit comments and attachments
electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit
three copies of your comments and
attachments to the OSHA Docket Office,
Docket No. OSHA–2009–0016, U.S.
Department of Labor, Occupational
Safety and Health Administration,
Room N–2625, 200 Constitution
Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail,
messenger, and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m. to 4:45 p.m.,
e.t.
Instructions: All submissions must
include the Agency name and OSHA
docket number (OSHA–2009–0016) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at http://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
Participation’’ heading in the section of

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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:

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operated as safely as possible. The
employer must thoroughly consider all
facets of a process, as well as the
involvement of workers in that process.
Employers analyze processes so that
they can identify and control problems
that could lead to a major release, fire,
or explosion.

I. Background

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.

The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, reporting burden (time
and costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (the OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection
by employers as necessary or
appropriate for enforcement of the OSH
Act or for developing information
regarding the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act
also requires that OSHA obtain such
information with minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The collections of information in the
PSM Standard are necessary for
implementing the requirements of the
Standard. The information is used by
employers to assure that processes using
highly hazardous chemicals with the
potential for a catastrophic release are

III. Proposed Actions
OSHA is requesting that OMB extend
its approval of the information
collection requirements contained in the
Standard on Process Safety Management
of Highly Hazardous Chemicals (PSM)
(29 CFR 1910.119). OSHA is proposing
to decrease the existing burden hour
estimate for the collection of
information requirements specified in
the PSM Standard from 47,852,750
hours to 3,632,487 hours (a total
reduction of 44,220,263 hours). In
determining the burden hours
associated with this ICR, OSHA relied
on information in the Environmental
Protection Agency’s (EPA) Risk
Management Program (RMP) database to
estimate the number of establishments
and processes that must comply with
the paperwork requirements for the
PSM Standard. The RMP showed a
reduction in establishments and
processes; due mainly to efforts of
affected employers to find substitute
substances for the PSM chemicals and
to reduce inventories of chemicals and
flammables, but also because the
original estimates by the Agency of the
average number of processes per
establishment proved to be much higher
than can be consistent with, or
supported by, data in the RMP database
today. In addition, after the PSM rule
was promulgated and paperwork
packages were updated every three
years, OSHA had increased the
estimated number of affected
establishments proportionately with

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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices

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increases reported in the number of
establishments in an industry over time,
without regard to employers reacting to
the PSM Standard.
For example, if the number of
establishments in an industry increased
from 10,000 to 12,000 between 1994 and
2006, OSHA increased the estimated
number of PSM-affected establishments
in that industry by 20 percent.
Type of Review: Extension of a
currently approved collection.
Title: Process Safety Management of
Highly Hazardous Chemicals (29 CFR
1910.119).
OMB Number: 1218–0200.
Affected Public: Business or other forprofits; not-for-profit organizations;
Federal Government; State, local or
Tribal Government.
Number of Respondents: 7,562.
Frequency: On occasion.
Average Time per Response: Varies
from three minutes to generate and
maintain training certification records to
2,454.4 hours to establish and
implement a management-of-change
program.
Estimated Total Burden Hours:
3,632,487.
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 (Docket No. OSHA–2009–0016).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350 (TTY (877) 889–
5627).

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Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and date of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available through the Web site, and for
assistance in using the Internet to locate
docket submissions.
V. Authority and Signature
Jordan Barab, Acting Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 5–2007 (72 FR 31160).
Signed at Washington, DC, this 31st day of
August 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. E9–21743 Filed 9–9–09; 8:45 am]
BILLING CODE 4510–26–P

NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
Meetings of Humanities Panel
AGENCY: The National Endowment for
the Humanities.
ACTION: Notice of meetings.
SUMMARY: Pursuant to the provisions of
the Federal Advisory Committee Act
(Pub. L. 92–463, as amended), notice is
hereby given that the following
meetings of Humanities Panels will be
held at the Old Post Office, 1100
Pennsylvania Avenue, NW.,
Washington, DC 20506.
FOR FURTHER INFORMATION CONTACT:
Michael P. McDonald, Advisory
Committee Management Officer,
National Endowment for the
Humanities, Washington, DC 20506;
telephone (202) 606–8322. Hearingimpaired individuals are advised that
information on this matter may be
obtained by contacting the

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Endowment’s TDD terminal on (202)
606–8282.
SUPPLEMENTARY INFORMATION: The
proposed meetings are for the purpose
of panel review, discussion, evaluation
and recommendation on applications
for financial assistance under the
National Foundation on the Arts and the
Humanities Act of 1965, as amended,
including discussion of information
given in confidence to the agency by the
grant applicants. Because the proposed
meetings will consider information that
is likely to disclose trade secrets and
commercial or financial information
obtained from a person and privileged
or confidential and/or information of a
personal nature the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy, pursuant
to authority granted me by the
Chairman’s Delegation of Authority to
Close Advisory Committee meetings,
dated July 19, 1993, I have determined
that these meetings will be closed to the
public pursuant to subsections (c) (4),
and (6) of section 552b of Title 5, United
States Code.
1. Date: October 1, 2009.
Time: 8:30 a.m. to 5 p.m.
Room: 415.
Program: This meeting will review
applications for History of Science and
Industry in Preservation and Access
Humanities Collection and Reference
Resources, submitted to the Division of
Preservation and Access at the July 15,
2009 deadline.
2. Date: October 8, 2009.
Time: 8:30 a.m. to 5 p.m.
Room: 415.
Program: This meeting will review
applications for United States History
and Culture I in Preservation and
Access Humanities Collection and
Reference Resources, submitted to the
Division of Preservation and Access at
the July 15, 2009 deadline.
3. Date: October 14, 2009.
Time: 8:30 a.m. to 5 p.m.
Room: 415.
Program: This meeting will review
applications for Literature in
Preservation and Access Humanities
Collection and Reference Resources,
submitted to the Division of
Preservation and Access at the July 15,
2009 deadline.
4. Date: October 20, 2009.
Time: 8:30 a.m. to 5 p.m.
Room: 415.
Program: This meeting will review
applications for Archaeology and
Anthropology in Preservation and
Access Humanities Collection and
Reference Resources, submitted to the
Division of Preservation and Access at
the July 15, 2009 deadline.

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