Sixty Day Preclearance Federal Register Notice

srobinson on DSKHWCL6B1PROD with NOTICES

Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices
Room 10235, Washington, DC 20503,
Telephone: 202–395–7316/Fax: 202–
395–7245 (these are not toll-free
numbers), E-mail:
[email protected].
Comments and questions about the ICR
listed below should be received 5 days
prior to the requested OMB approval
date.
The OMB is particularly interested in
comments which:
• 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.
Agency: Division of Federal
Employment Compensation.
Title of Collection: Death Gratuity
Benefit.
OMB Control Number: 1215–AB66.
Frequency of Collection: On Occasion.
Affected Public: Individuals or
household; Federal Government.
Estimated Time Per Respondent: 15
minutes.
Total Estimated Number of
Respondents: 2,635.
Total Estimated Annual Burden
Hours: 659.
Total Estimated Annual Costs Burden
(excluding hour costs): $0.
Description: The National Defense
Authorization Act for Fiscal Year 2008,
Public Law 110–181, was enacted on
January 28, 2008. Section 1105 of Public
Law 110–181 amended the Federal
Employees’ Compensation Act (FECA)
creating a new section 8102a effective
upon enactment. This section will
establish a new FECA death gratuity
benefit for eligible beneficiaries of
federal employees and NonAppropriated Fund Instrumentality
(NAFI) employees who die from injuries
incurred in connection with service
with an Armed Force in a contingency
operation. Section 8102a also permits
agencies to authorize retroactive
payment of the death gratuity for
employees who died on or after October

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7, 2001, in service with an Armed Force
in the theater of operations of Operation
Enduring Freedom and Operation Iraqi
Freedom. To help it exercise its
responsibility to administer this benefit,
the Office of Workers’ Compensation
Programs (OWCP) has promulgated an
interim final rule. The statute and
regulations allow for employees to vary
the statutory order of precedence for
beneficiaries and to designate
alternative recipients of this benefit.
Form CA–40 requests the information
necessary from the employee to
accomplish this variance. Form CA–41
provides the means for those named
beneficiaries and possible recipients to
file claims for those benefits and
requests information from such
claimants so that OWCP may determine
their eligibility for payment.
Furthermore, the statute and regulations
require agencies to notify OWCP
immediately upon the death of a
covered employee. CA–42 provides the
means to accomplish this notification
and requests information necessary to
administer any claim for benefits
resulting from such a death.
Why are we requesting Emergency
Processing? In accordance with 5 CFR
1320.13, emergency processing of this
collection is essential to the mission of
the agency, and the agency cannot
reasonably comply with the normal
clearance procedures under this Part
because the use of normal clearance
procedures is reasonably likely to
prevent or disrupt the collection of
information or is reasonably likely to
cause a statutory deadline to be missed.
The agency has taken all practicable
steps to consult with interested agencies
and members of the public to minimize
the burden of the collection of this
information.
Under 5 CFR 1320.13, it is requested
that this collection be submitted and
approved on an emergency basis. Under
the National Defense Authorization Act
for FY2008, an amendment to the FECA
allows for immediate death gratuity
payments to eligible survivors of
Federal employees and employees of
nonappropriated funded
instrumentalities (NAFI) who die of
injuries sustained in connection with
the employee’s service with an Armed
Force serving in a contingency
operation. While the Public Law became
effective January 28, 2008, it also
provides a provision in which a death
gratuity may also be paid to eligible
survivors of employees from certain
agencies who died on or after October
7, 2001, due to injuries incurred in
connection with the service of an
Armed Force in the theatre of operations

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of Operation Enduring Freedom and
Operation Iraqi Freedom.
The OWCP FECA has been delegated
the authority to administer the
adjudication of claims and payment of
the death gratuity under new section 5
U.S.C. 8102a, and has initiated a new
collection with 3 distinct forms to meet
stature requirements. Because of the
immediate and retroactive provisions of
this Law, the Agency requests that an
immediate review and authorization of
this collection be approved for 180 days
to implement section 8102a. The agency
will subsequently follow up with
normal processing procedures to allow
for the routine three-year extension of
this collection.
Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E9–21344 Filed 9–3–09; 8:45 am]
BILLING CODE 4510–CH–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2009–0029]

OSHA Data Initiative; 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.
SUMMARY: OSHA solicits public
comments concerning its proposal to
extend OMB approval of the
information collection requirements for
OSHA’s Data Initiative program.
DATES: Comments must be submitted
(postmarked, sent, or received) by
November 3, 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–2009–0029, U.S.
Department of Labor, Occupational
Safety and Health Administration,
Room N–2625, 200 Constitution
Avenue, NW., Washington, DC 20210.

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45882

Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices

srobinson on DSKHWCL6B1PROD with NOTICES

Deliveries (hand, express mail,
messenger, and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m. to 4:45 p.m.,
e.t.
Instructions: All submissions must
include the Agency name and OSHA
docket number for the Information
Collection Request (ICR) (OSHA–2009–
0029). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at http://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to http://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Rex Tingle at the
address below to obtain a copy of the
ICR.
FOR FURTHER INFORMATION CONTACT: Rex
Tingle at Office of Statistical Analysis,
Occupational Safety and Health
Administration, U.S. Department of
Labor, Room N3507, 200 Constitution
Avenue, NW., Washington, DC 20210,
telephone: (202) 693–1926. 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

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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).
To meet many of OSHA’s program
needs, OSHA is proposing to continue
its collection of occupational injury and
illness data and information on the
number of workers employed and the
number of hours worked from
establishments in portions of the private
sector and from some state and local
government agencies. OSHA will collect
the data on an annual basis from up to
100,000 employers already required to
create and maintain records pursuant to
29 CFR Part 1904. These data will allow
OSHA to calculate occupational injury
and illness rates and to focus its efforts
on individual workplaces with ongoing
serious safety and health problems.
Successful implementation of this data
collection is critical to OSHA’s outreach
and enforcement efforts and the data
requirements tied to the Government
Performance and Results Act (GPRA).
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
This notice requests public comments
on an extension of the current OMB
approval of the paperwork requirements
for the OSHA Data Initiative program.
Type of Review: Extension of
currently approved information
collection requirements.

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Agency: Occupational Safety and
Health Administration.
Title: OSHA Data Initiative.
OMB Number: 1218–0209.
Affected Public: Business or other forprofits, Farms, and State, Local and
Tribal Government.
Cite/Reference/Form/etc.: OSHA
Form 196A and OSHA Form 196B.
Number of Respondents: 100,000.
Frequency: Annually.
Average Time Per Response: 10
minutes.
Estimated Total Burden Hours: 16,667
hours.
Total Estimated Cost: $399,008.
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 e-Rulemaking 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–2009–0029).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350 (TTY (877) 889–
5627).
Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and date of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g. copyrighted
material) is not publicly available to
read or download through this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov web-site to submit

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Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices
comments and access the docket is
available through 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, on August 28th,
2009.
Jordan Barab,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. E9–21330 Filed 9–3–09; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2009–0017]

The Standard on Personal Protective
Equipment (PPE) for Shipyard
Employment; Extension of the Office
of Management and Budget’s (OMB)
Approval of Information Collection
(Paperwork) Requirements

srobinson on DSKHWCL6B1PROD with NOTICES

AGENCY: Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.
SUMMARY: OSHA solicits public
comments concerning its proposal to
extend OMB approval of the
information collection requirements
specified in the Standard on Personal
Protective Equipment (PPE) for
Shipyard Employment (29 CFR part
1915, subpart I).
DATES: Comments must be submitted
(postmarked, sent, or received) by
November 3, 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

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using this method, you must submit
three copies of your comments and
attachments to the OSHA Docket Office,
Docket No. OSHA–2009–0017, U.S.
Department of Labor, Occupational
Safety and Health Administration,
Room N–2625, 200 Constitution
Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail,
messenger, and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m. to 4:45 p.m.,
e.t.
Instructions: All submissions must
include the Agency name and OSHA
docket number for the Information
Collection Request (ICR) (OSHA–2009–
0017). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at http://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to http://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Theda Kenney at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Todd Owen,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3609, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
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

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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).
Subpart I specifies several paperwork
requirements, which are described
below.
(A) Hazard Assessment and
Verification (§ 1915.152(b)). Section
1915.152(b) requires the employer to
assess work activities to determine
whether there are hazards present, or
likely to be present, which necessitate
the worker’s use of PPE. If such hazards
are present, or likely to be present, the
employer must: (1) Select the type of
PPE that will protect the affected
workers from the hazards identified in
the occupational hazard assessment; (2)
communicate selection decisions to
affected workers; (3) select PPE that
properly fits each affected worker; and
(4) verify that the required occupational
hazard assessment has been performed.
The verification must contain the
following information: Occupation or
trade assessed, the date(s) of the hazard
assessment, and the name of the person
performing the hazard assessment.
(B) Training and Verification
(§ 1915.152(e)). Section 1910.152(e)
requires that employers provide training
for each worker who is required to wear
PPE (§ 1915.152(e)(1)). Paragraph (e)(3)
requires that employers also provide
retraining when there are certain
changes in workplace conditions or
there is reason to believe that any
previously trained worker does not have
the understanding or skill to use PPE
properly. Circumstances where such
retraining is required include changes in
the workplace that render prior training
obsolete, certain changes in the types of
PPE used, and inadequacies in the
worker’s knowledge or use of PPE that
indicate the worker had not retained the
requisite understanding or skill.
Paragraph (e)(4) requires that the
employer verify that each affected
worker has received the required PPE
training. The verification must contain
the following information: Name of each
worker trained, the date(s) of training,

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