Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices 45881 

Room 10235, Washington, DC 20503, 

Telephone: 202–395–7316/Fax: 202– 

395–7245 (these are not toll-free 

numbers), E-mail: 

OIRA_submission@omb.eop.gov. 

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 

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 

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. 


srobinson on DSKHWCL6B1PROD with NOTICES
45882 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / 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 

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. 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices 45883 

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 

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 

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 

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, 


srobinson on DSKHWCL6B1PROD with NOTICES