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###### Department of Labor

###### Office of the Secretary

# ACTION:

Notice.

# SUMMARY:

The Department of Labor (DOL) hereby announces the submission of the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, “Portable Fire Extinguishers—Annual Maintenance Certification Record,” to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

# DATES:

Submit comments on or before December 30, 2010.

# ADDRESSES:

                        A copy of this ICR, with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the                         *RegInfo.gov*                         Web site,                         *http://www.reginfo.gov/​public/​do/​PRAMain*                         or by contacting Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or sending an e-mail to                         *DOL_PRA_PUBLIC@dol.gov.*

                        Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor, Occupational Safety and Health Administration (OSHA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-6929/Fax: 202-395-6881 (these are not toll-free numbers), e-mail:                         *OIRA_submission@omb.eop.gov.*

# FOR FURTHER INFORMATION CONTACT:

                        Contact Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by e-mail at                         *DOL_PRA_PUBLIC@dol.gov.*

# SUPPLEMENTARY INFORMATION:

This ICR relates to the regulatory requirement that employers must subject each portable fire extinguisher to an annual maintenance inspection and record the date of the inspection. This provision requires employers to retain the inspection record for one year after the last entry or for the life of the shell, whichever is less, and to make the record available to OSHA on request. This recordkeeping requirement assures employees and OSHA compliance officers that portable fire extinguishers located in the workplace will operate normally in case of fire; in addition, this requirement provides evidence to OSHA compliance officers during an inspection that the employer performed the required maintenance checks on the portable fire extinguishers.

                    This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is currently approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information if the collection of information does not display a currently valid OMB Control Number.                     *See*5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under OMB Control Number 1218-0238. The current OMB approval is scheduled to expire on November 30, 2010; however, it should be noted that information collections submitted to the OMB receive a month-to-month extension while they undergo review. For additional information, see the related notice published in the                     **Federal Register**                     on August 24, 2010 (75 FR 52034).                

                    Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the                     **ADDRESSES**                     section within 30 days of publication of this notice in the                     **Federal Register**                    . In order to ensure the appropriate consideration, comments should reference OMB Control Number 1218-0238. The OMB 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,       ( print page 74085)                          e.g., permitting electronic submission of responses.                

*Agency:*                     Occupational Safety and Health Administration (OSHA).                

*Type of Review:*                     Extension without change of a currently approved collection.                

*Title of Collection:*                     Portable Fire Extinguishers—Annual Maintenance Certification Record.                

*OMB Control Number:*                     1218-0238.                

*Affected Public:*                     Private sector—Businesses or other for profits.                

*Total Estimated Number of Respondents:*                     135,990.                

*Total Estimated Number of Responses:*                     135,990.                

*Total Estimated Annual Burden Hours:*                     67,995.                

*Total Estimated Annual Costs Burden:*                     $19,888,538.                

Dated: November 23, 2010.

Michel Smyth,

Departmental Clearance Officer.

[FR Doc. 2010-30052 Filed 11-29-10; 8:45 am]

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