Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices 4941 

Title Form No. No. of respondents 

No. of responses 

Avg. time 

per response 

(minutes) 

Burden 

hours 

Reporting Burden: 

Application To Employ Homeworkers ................................................ WH–46 ..... 50 25 30 12 .5 

Homeworker Handbooks .................................................................... WH–75 ..... 302,005 1,208,020 30 604,010 

Recordkeeping Burden: 

Piece Rate Measurement ................................................................... .................. 50 150 60 .5 151 .25 

Homeworker Handbooks .................................................................... .................. 75,501 1,208,020 .5 10,067 

Total ............................................................................................. .................. 377,606 1,208,195 .................... 614,241 

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: January 25, 2006. 

Sue Blumenthal, 

Acting Chief, Branch of Management Review 

and Internal Control, Division of Financial 

Management, Office of Management, 

Administration and Planning, Employment 

Standards Administration. 

[FR Doc. E6–1133 Filed 1–27–06; 8:45 am] 

BILLING CODE 4510–27–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. ICR 1218–0200(2006)] 

Process Safety Management of Highly 

Hazardous Chemicals 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. 

SUMMARY: OSHA solicits public 

comment concerning its request for an 

extension of the information collection 

requirements specified by its Process 

Safety Management of Highly 

Hazardous Chemicals Standard (29 CFR 

1910.119). 

DATES: Comments must be submitted by 

the following dates: 

Hard copy: Your comments must be 

submitted by March 31, 2006. 

Facsimile and electronic 

transmission: Your comments must be 

received by March 31, 2006. 

ADDRESSES: You may submit comments, 

identified by OSHA Docket No. ICR–

1218–0200(2006), by any of the 

following methods: 

Regular mail, express delivery, hand 

delivery, and messenger service: Submit 

your comments and attachments to the 

OSHA Docket Office, Room N–2625, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–2350 

(OSHA’s TTY number is (877) 889–

5627). OSHA Docket Office and 

Department of Labor hours are 8:15 a.m. 

to 4:45 p.m., e.t. 

Facsimile: If your comments are 10 

pages or fewer in length, including 

attachments, you may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Electronic: You may submit 

comments through the Internet at http:// 

ecomments.osha.gov. Follow 

instructions on the OSHA Web page for 

submitting comments. 

Docket: For access to the docket to 

read or download comments or 

background materials, such as the 

complete Information Collection 

Request (ICR) (containing the 

Supporting Statement, OMB–83–I Form, 

and attachments), go to OSHA’s Web 

page at http://www.OSHA.gov. In 

addition, the ICR, comments and 

submissions are available for inspection 

and copying at the OSHA Docket Office 

at the address above. You may also 

contact Theda Kenney at the address 

below to obtain a copy of the ICR. For 

additional information on submitting 

comments, please see the ‘‘Public 

Participation’’ heading in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Theda Kenney or Todd Owen, 

Directorate of Standards and Guidance, 

OSHA, 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 

(PRA–95) (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 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 collections of information in the 

Standard are necessary for 

implementation of the requirements of 

the standard. The information is used by 

employers to assure that processes using 

highly hazardous chemicals with the 

potential of a catastrophic release are 

operated as safely as possible. The 

employer must thoroughly consider all 

facets of a process, as well as the 

involvement of employees in that 

process. Employers analyze processes so 

that they identify and control problems 

that could lead to a major release, fire, 

or explosion. The following sections 

describe who uses the information 

collected under each requirement, as 

well as how they use it. 

(A) Employee Participation 

(paragraph (c)). Employers are required 

by paragraph (c)(1) to develop a written 

plan of action regarding the 

implementation of the employee 

participation required by this paragraph. 

Paragraph (c)(2) requires employers to 

consult with employees and their 

representatives on the conduct and 

development of process hazard analyses 

and on the development of the other 

elements of process safety management 

in the Standard. Under paragraph (c)(3) 

employers must provide access to 

process hazard analyses to employees 

and their representatives. 

(B) Process Safety information 

(paragraph (d)). Paragraph (d) requires 

employers to complete a compilation of 

written process safety information prior 

to conducting a process hazard analysis. 

The compilation of written process 


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4942 Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices 

safety information, which includes 

information on the hazards of 

chemicals, the technology of the 

process, and the equipment is to enable 

the employer and employees involved 

in operating the process to identify and 

understand the hazards posed by 

processes involving highly hazardous 

chemicals. 

(C) Process Hazard Analysis 

(paragraph (e)(1)). Paragraph (e)(1) 

requires the employer to perform an 

initial process hazard analysis on 

processes covered by the Standard. The 

evaluation must be appropriate to the 

complexity of the process and must 

identify, evaluate, and control the 

hazards involved in the process. 

(D) Resolution of Hazards (paragraph 

(e)(5)). Paragraph (e)(5) requires 

documentation of the actions the 

employer takes to resolve the findings 

and recommendations of the team that 

performed the process hazard analysis, 

including a schedule for completing 

these actions. In addition, the employer 

is to communicate this information to 

affected operating, maintenance, and 

other employees whose work 

assignments are in the process. 

(E) Updating, Revalidating, and 

Retaining the Process Hazard Analysis 

(paragraphs (e)(6) and (e) (7)). 

Paragraph (e)(6) requires that the initial 

process hazard analysis be updated and 

revalidated by a team at least every 5 

years. Paragraph (e)(7) requires the 

employer to retain process hazard 

analyses for each process covered by 

this section, as well as the documented 

resolution of recommendations 

described in paragraph (e)(5). 

(F) Operating Procedures (paragraphs 

(f)(1)–(f)(4)). Paragraph (f)(1) requires the 

employer to develop and implement 

written operating procedures that 

provide clear instructions for safely 

conducting activities involved in each 

covered process consistent with the 

process safety information. Paragraph 

(f)(2) requires the employer to make the 

operating procedures readily accessible 

to employees who work in or maintain 

a process. Paragraph (f)(3) requires the 

employer to review the operating 

procedures as often as necessary to 

assure that they reflect current operating 

practice, and that the employer certify 

annually that these operating 

procedures are current and accurate. 

Paragraph (f)(4) requires the employer to 

develop and implement safe work 

practices that provide for the control of 

hazards during operations such as 

lockout/tagout; confined space entry; 

opening process equipment or piping; 

and control over entrance into a facility 

by maintenance, contractor, laboratory, 

or other support personnel. These safe 

practices apply to both employees and 

contractor employees. 

(G) Training (Initial, Refresher, and 

Documentation) (paragraphs (g)(1)–

(g)(3)). Paragraph (g)(1) requires 

employers to train employees before 

they become involved in operating a 

newly assigned process. The training 

shall emphasize specific safety and 

health hazards; emergency operations, 

including shutdown; and safe work 

practices applicable to the employee’s 

job tasks. Paragraph (g)(2) requires that 

the employer provide refresher training 

at least every 3 years. Paragraph (g)(3) 

requires the employer to prepare a 

record that contains the name of 

employee, the date of training, and the 

means used to verify that the employee 

understood the training. 

(H) Contractors (paragraphs (h)(2)(i)–

(h)(2)(iv), (h)(2)(vi), (h)(3)(iii), and 

(h)(3)(v)). This paragraph imposes 

collection of information requirements 

on both employers and on contractors. 

Paragraph (h)(2)(i) requires employers, 

when selecting a contractor, to obtain 

and evaluate information regarding the 

contract employer’s safety performance 

and programs. Paragraph (h)(2)(ii) 

requires that the employer inform 

contract employers of known potential 

fire, explosion, or toxic release hazards 

related to the contractor’s work and the 

process. Paragraph (h)(2)(iii) requires 

that the employer explain to contract 

employers the applicable provisions of 

the emergency action plan required by 

paragraph (n) of 29 CFR 1910.119. 

Paragraph (h)(2)(iv) requires the 

employer to develop and implement 

safe work practices consistent with 

paragraph (f)(4) of this section, to 

control the entrance, presence and exit 

of contract employers and contract 

employees in covered process areas. 

Paragraph (h)(2)(vi) requires the 

employer to maintain a contract 

employee injury and illness log related 

to the contractor’s work in process 

areas. Paragraph (h)(3)(iii) requires the 

contract employer to document: that 

contract employees have been trained to 

perform their work practices safely and 

are knowledgeable about the fire, 

explosion, and toxic hazards in the 

workplace; and the identity of the 

contract employee who received the 

training, the date of training, and the 

means used to verify that the employee 

understood the training. paragraph 

(h)(3)(v) requires the contractor to 

advise the employer of any unique 

hazard presented by the contract 

employer’s work, or any hazards found 

by the contract employer’s work. 

(I) Written Procedures, Inspections, 

and Testing (paragraphs (j)(2) and 

(j)(4)(iv)). Paragraph (j)(2) requires the 

employer to establish written 

procedures to maintain the ongoing 

integrity of process equipment. 

Paragraph (j)(4)(iv) requires that 

employers document inspections and 

tests performed on process equipment. 

The documentation shall identify the 

date of the inspection or test, the name 

of the person who performed the 

inspection or test, the serial number or 

other identifier of the equipment on 

which the inspection or test was 

performed, a description of the 

inspection or test performed, and the 

results of the inspection or test. 

(J) Hot Work Permit (paragraph 

(k)(2)). Paragraph (k)(2) requires the 

employer to provide the following 

information on permits issued for hot 

work operations conducted on or near a 

covered process: The date(s) authorized 

for hot work, and the identity of the 

object on which hot work is to be 

performed. The permit must be kept on 

file until completion of the hot work 

operations. 

(K) Management of Change 

(paragraphs (l)(1), (l)(4), and (l)(5)). 

Paragraph (I)(1) requires the employer to 

establish and implement written 

procedures to manage changes (except 

for ‘‘replacements in kind’’) to process 

chemicals, technology, equipment, and 

procedures; and for changes to facilities 

that affect a covered process. Paragraph 

(1)(4) requires the employer to update 

the information in paragraph (d) of the 

Standard if a change in paragraph (1) 

results in a change to the process safety 

information. Similarly, paragraph (1)(5) 

requires the employer to update the 

information in paragraph (f) of the 

Standard if a change in paragraph (1) 

results in a change to the operating 

procedures. 

(L) Incident Investigations 

(paragraphs (m)(4)–(m)(7)). Paragraph 

(m)(4) requires that a report be prepared 

at the conclusion of any incident 

investigation, and that the report 

include, at a minimum, the date of the 

incident; the date the investigation 

began; a description of the incident; the 

factors that contributed to the incident; 

and any recommendations resulting 

from the investigation. Paragraph (m)(5) 

specifies that the employer must 

document resolutions and corrective 

measures taken with regard to the 

findings and recommendations 

provided in an incident investigation 

report, while paragraph (m)(6) states 

that the employer must allow affected 

personnel (including contract 

employees), whose job tasks are relevant 

to the incident findings, to review the 

report. Paragraph (m)(7) requires that 

incident investigation reports be 

retained for 5 years. 


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Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices 4943 

(M) Emergency Planning and 

Response (paragraph (n)). Paragraph (n) 

requires the employer to establish and 

implement an emergency action plan in 

accordance with the provisions of 29 

CFR 1910.38(a). In addition, the 

emergency action plan shall include 

procedures for handling small releases. 

(N) Compliance Audits (paragraph 

(o)(1) and (o)(3)–(o)(5)). Under 

paragraph (o)(1), employers are required 

to certify that they have evaluated 

compliance with the provisions of this 

section at least every 3 years to ensure 

that the procedures and practices 

developed under the standard are 

adequate and are being followed. 

Paragraph (o)(3) requires that a report of 

the audit findings be developed, while 

paragraph (o)(4) states that the employer 

must promptly determine and document 

an appropriate response to each of the 

findings of the compliance audit, and 

document that the deficiencies have 

been corrected. Paragraph (o)(5) requires 

that the 2 most recent reports be 

retained. 

(O) Records Disclosure. Employers 

must disclose records required by the 

Standard to an OSHA compliance 

officer during an OSHA inspection. 

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 

OSHA is requesting OMB to extend 

their approval of the collection of 

information requirements contained in 

the Process Safety Management 

Standard. The Agency is requesting a 

decrease in burden hours for the 

existing collection of information 

requirements from 50,980,689 to 

47,832,349 (a total reduction of 

3,148,340 hours). The Agency will 

summarize the comments submitted in 

response to this notice, and will include 

this summary in its request to OMB. 

Type of Review: Extension of 

currently approved information 

collection requirements. 

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: 37,970. 

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: 

47,832,349. 

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 and 

supporting materials in response to this 

notice by (1) hard copy, (2) FAX 

transmission (facsimile), or (3) 

electronically through the OSHA Web 

page. Because of security-related 

problems, there may be a significant 

delay in the receipt of comments by 

regular mail. Please contact the OSHA 

Docket Officer at (202) 693–2350 (TTY 

(877) 889–5627) for information about 

security procedures concerning the 

deliver of submissions by express 

delivery, hand delivery, and courier 

service. 

All comments, submissions, and 

background documents are available for 

inspection and copying at the OSHA 

Docket Office at the above address. 

Comments and submissions posted on 

OSHA’s Web page are available at 

http://www.OSHA.gov. Contact the 

OSHA Docket Office for information 

about materials not available through 

the OSHA Web page and for assistance 

using the Web page to locate docket 

submissions. 

Electronic copies of this Federal 

Register notice as well as other relevant 

documents are available on OSHA’s 

Web page. Since all submissions 

become public, private information such 

as social security number should not be 

submitted. 

V. Authority and Signature 

Jonathan L. Snare, 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. 5–2002 (67 FR 65008). 

Signed at Washington, DC, on January 25, 

2006. 

Jonathan L. Snare, 

Acting Assistant Secretary of Labor. 

[FR Doc. 06–844 Filed 1–27–06; 8:45 am] 

BILLING CODE 4510–26–M 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Records Schedules; Availability and 

Request for Comments 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice of availability of 

proposed records schedules; request for 

comments. 

SUMMARY: The National Archives and 

Records Administration (NARA) 

publishes notice at least once monthly 

of certain Federal agency requests for 

records disposition authority (records 

schedules). Once approved by NARA, 

records schedules provide mandatory 

instructions on what happens to records 

when no longer needed for current 

Government business. They authorize 

the preservation of records of 

continuing value in the National 

Archives of the United States and the 

destruction, after a specified period, of 

records lacking administrative, legal, 

research, or other value. Notice is 

published for records schedules in 

which agencies propose to destroy 

records not previously authorized for 

disposal or reduce the retention period 

of records already authorized for 

disposal. NARA invites public 

comments on such records schedules, as 

required by 44 U.S.C. 3303a(a). 

DATES: Requests for copies must be 

received in writing on or before March 

16, 2006. Once the appraisal of the 

records is completed, NARA will send 

a copy of the schedule. NARA staff 

usually prepare appraisal 

memorandums that contain additional 

information concerning the records 

covered by a proposed schedule. These, 

too, may be requested and will be 

provided once the appraisal is 

completed. Requesters will be given 30 

days to submit comments. 

ADDRESSES: You may request a copy of 

any records schedule identified in this 

notice by contacting the Life Cycle 

Management Division (NWML) using 

one of the following means (Note the 

new address for requesting schedules 

using e-mail): Mail: NARA (NWML), 

8601 Adelphi Road, College Park, MD 

20740–6001. E-mail: 


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