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###### Department of Labor

###### Occupational Safety and Health Administration

          - [Docket No. ICR-1218-0099 (2001)]

# AGENCY:

Occupational Safety and Health Administration (OSHA), Labor.

# ACTION:

Notice of an opportunity for public comment.

# SUMMARY:

OSHA solicits comments concerning its proposal to decrease the existing burden-hour estimates, and to extend OMB approval of the collection-of-information requirements, of the Respiratory Protection Standard (29 CFR 1910.134).

# DATES:

Submit written comments on or before July 2, 2001.

# ADDRESSES:

Submit written comments to the Docket Office, Docket No. ICR-1218-0099 (2001), OSHA, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2350. Commenters may transmit written comments of 10 pages or less by facsimile to (202) 693-1648.

# FOR FURTHER INFORMATION CONTACT:

Todd Owen, Directorate of Policy, OSHA, U.S. Department of Labor, Room N-3641, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2444. A copy of the Agency's Information-Collection Request (ICR) supporting the need for the information collections specified in the Respiratory Protection Standard is available for inspection and copying in the Docket Office, or by requesting a copy from Todd Owen at (202) 693-2444. For electronic copies of the ICR contact OSHA on the Internet at http://www.osha.gov/​comp-links. html, and select “Information Collection Requests.”

# 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 cost) is minimal, collection instruments are understandable, and OSHA's estimate of the information-collection burden is correct.                

The Respiratory Protection Standard's (§ 1910.134; hereafter, “Standard”) information-collection requirements require employers to: Develop a written respirator program; conduct employee medical evaluations and provide follow-up medical evaluations to determine the employee's ability to use a respirator; provide the physician or other licensed health care professional with information about the employee's respirator and the conditions under which the employee will use the respirator; and administer fit-tests for employees who will use negative or positive-pressure, tight-fitting facepieces. In addition, employers must ensure that employees store emergency-use respirators in compartments clearly marked as containing emergency-use respirators. For respirators maintained for emergency use, employers must label or tag the respirator with a certificate stating the date of inspection, the name of the individual who made the inspection, the findings of the inspection, required remedial action, and the identity of the respirator.

The Standard also requires employers to ensure that cylinders used to supply breathing air to respirators have a certificate of analysis from the supplier stating that the breathing air meets the requirements for Type 1—Grade D breathing air; such certification assures employers that the purchased breathing air is safe. Compressors used to supply breathing air to respirators must have a tag containing the most recent change date and the signature of the individual authorized by the employer to perform the change. Employers must maintain this tag at the compressor. These tags provide assurance that the compressors are functioning properly.

## 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;       ( print page 22017)      
    - The accuracy of OSHA's estimate of the burden (time and cost) 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 to decrease the existing burden-hour estimate, and to extend OMB approval, of the collection-of-information requirements in the Standard. In this regard, the Agency is requesting to decrease the current burden-hour estimate from 8,926,558 hours to 6,502,811 hours, a total reduction of 2,423,747 hours. The Agency will summarize the comments submitted in response to this notice, and will include this summary in its request to OMB to extend the approval of this information-collection requirements.

*Type of Review:*                     Extension of currently approved information-collection requirements.                

*Title:*                     Respiratory Protection (29 CFR 1910.134).                

*OMB Number:*                     1218-0099.                

*Affected Public:*                     Business or other for-profit; not-for-profit institutions; Federal government; State, local or tribal governments.                

*Number of Respondents:*                     1,300,000.                

*Frequency of Response:*                     Annually; monthly; occasionally.                

*Average Time per Response:*                     Time per response varied from 8 hours for large facilities to develop a written respiratory program to 5 minutes for employers to maintain employee medical-evaluation records.                

*Estimated Total Burden Hours:*                     6,502,811 hours.                

*Estimated Cost (Operation and Maintenance):*                     $72,900,680.                

## IV. Authority and Signature

R. Davis Layne, 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), Secretary of Labor's Order No. 3-2000 (65 FR 50017).

Signed at Washington, DC on April 27th, 2001.

R. Davis Layne,

Acting Assistant Secretary of Labor.

[FR Doc. 01-11024  Filed 5-1-01; 8:45 am]

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