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###### Department of Labor

###### Occupational Safety and Health Administration

          - [Docket No. OSHA-2011-0009]

# AGENCY:

Occupational Safety and Health Administration (OSHA), Labor.

# ACTION:

Request for public comments.

# SUMMARY:

OSHA solicits public comments concerning the proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements specified in the Fire Brigades Standard.

# DATES:

Comments must be submitted (postmarked, sent, or received) by January 22, 2024.

# ADDRESSES:

*Electronically:*                         You may submit comments and attachments electronically at                         *https://www.regulations.gov,*                         which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments.                    

*Docket:*                         To read or download comments or other material in the docket, go to                         *https://www.regulations.gov.*                         Documents in the docket are listed in the                         *https://www.regulations.gov*                         index; however, some information (                        *e.g.,*                         copyrighted material) is not publicly available to read or download through the website. All submissions, including copyrighted material, are available for inspection through the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in locating docket submissions.                    

*Instructions:*                         All submissions must include the agency name and OSHA docket number (OSHA-2011-0009) for the Information Collection Request (ICR). OSHA will place all comments, including any personal information, in the public docket, which may be made available online. Therefore, OSHA cautions interested parties about submitting personal information such as social security numbers and birthdates.                    

                        For further information on submitting comments, see the “Public Participation” heading in the section of this notice titled                         **SUPPLEMENTARY INFORMATION**                        .                    

# FOR FURTHER INFORMATION CONTACT:

Seleda Perryman or Theda Kenney, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202) 693-2222.

# SUPPLEMENTARY INFORMATION:

## I. Background

                    The Department of Labor, as part of the 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) (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, the collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (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 effort in obtaining information (29 U.S.C. 657).                

OSHA does not mandate that employers establish fire brigades; however, if they do so, they must comply with the provisions of the Fire Brigades Standard. The provisions of the standard, including the paperwork requirements, apply to fire brigades, industrial fire departments, and private or contract fire departments, but not to airport crash rescue units or forest firefighting operations. Paragraphs (b)(1), (b)(2), and (c)(4) contain the paperwork requirements of the standard.

Under paragraph (b)(1) of the standard, employers must develop and maintain an organizational statement that establishes the: existence of a fire brigade; the basic organizational structure of the brigade; type, amount, and frequency of training provided to brigade members; expected number of members in the brigade; and functions that the brigade is to perform. This paragraph also specifies that the organizational statement must be available for review by workers, their designated representatives, and OSHA compliance officers. The organizational statement describes the functions performed by the brigade members and, thereby, determines the level of training and type of personal protective equipment (PPE) necessary for these members to perform their assigned functions safely. Making the statement available to workers, their designated representatives, and OSHA compliance officers ensures that the elements of the statement are consistent with the functions performed by the brigade members and the occupational hazards they experience, and that employers are providing training and PPE appropriate to these functions and hazards.

To permit a worker with known heart disease, epilepsy, or emphysema to participate in fire brigade emergency activities, paragraph (b)(2) of the standard requires employers to obtain a physician's certificate of the worker's fitness. This provision provides employers with a direct and efficient means of ascertaining whether or not they can safely expose workers with these medical conditions to the hazards of firefighting operations.

Paragraph (c)(4) of the standard requires employers to inform fire brigade members of special hazards, such as the storage and use of flammable liquids and gases, toxic chemicals, radioactive sources, water-reactive substances that may be present during fires and other emergencies, and any changes in these special hazards. It also requires that employers develop written procedures describing the actions that brigade members are to take when special hazards are present, and to make these procedures available in the education and training program and for review by brigade members.

## 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 to protect workers, 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 that OMB extend the approval of the information collection requirements contained in the                           ( print page 81436)                        Fire Brigades Standard (29 CFR 1910.156). The agency is requesting an adjustment decrease in burden hours from 2,767 to 2,695, a total decrease of 72 hours. The adjustment is due to a decrease in the number of manufacturing facilities with 100 or more workers from 25,546 to 24,885. Also, the number of responses decreased from 3,832 to 3,733.                

OSHA will summarize the comments submitted in response to this notice and will include this summary in the request to OMB to extend the approval of the information collection requirements.

*Type of Review:*                     Extension of a currently approved collection.                

*Title:*                     The Fire Brigades Standard (29 CFR 1910.156).                

*OMB Control Number:*                     1218-0075.                

*Affected Public:*                     Business or other for-profits.                

*Number of Respondents:*                     24,885.                

*Number of Responses:*                     3,733.                

*Frequency of Responses:*                     On occasion.                

*Average Time per Response:*                     Varies.                

*Estimated Total Burden Hours:*                     2,695.                

*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                     *https://www.regulations.gov,*                     which is the Federal eRulemaking Portal; (2) by facsimile (fax); if your comments, including attachments, are not longer than 10 pages you may fax them to the OSHA Docket Office at 202-693-1648; 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-2011-0009). You may supplement electronic submissions by uploading document files electronically.                

                    Comments and submissions are posted without change at                     *https://www.regulations.gov.*                     Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and dates of birth. Although all submissions are listed in the                     *https://www.regulations.gov*                     index, some information (                    *e.g.,*                     copyrighted material) is not publicly available to read or download from this website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the                     *https://www.regulations.gov*                     website to submit comments and access the docket is available at the website's “User Tips” link.                

Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627) for information about materials not available from the website, and for assistance in using the internet to locate docket submissions.

## V. Authority and Signature

                    James S. Frederick, Deputy 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. 8-2020 (85 FR 58393).                

Signed at Washington, DC.

James S. Frederick,

Deputy Assistant Secretary of Labor for Occupational Safety and Health.

[FR Doc. 2023-25800 Filed 11-21-23; 8:45 am]

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