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###### Department of Labor

###### Occupational Safety and Health Administration 

          - [Docket No. OSHA-2008-0030] 

# AGENCY:

Occupational Safety and Health Administration (OSHA), Labor. 

# ACTION:

Request for public comment. 

# SUMMARY:

OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the 13 Carcinogens Standard (29 CFR 1910.1003). 

# DATES:

Comments must be submitted (postmarked, sent, or received) by November 25, 2008. 

# 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-2008-0030, 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 ICR (OSHA-2008-0030). 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:

Jamaa Hill 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                           ( print page 55871)                        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).                 

The information collection requirements specified in the 13 Carcinogens Standard protect employees from the adverse health effects that may result from their exposure to the 13 Carcinogens. The following is a brief description of the collection of information requirements contained in the 13 Carcinogens Standard: establishing and implementing a medical surveillance program for employees assigned to enter regulated areas, informing employees of their medical examination results and providing them with access to their medical records. Further, employers must also retain employee medical records for specified time periods and provide these records to the National Institute for Occupational Safety and Health (NIOSH) under certain circumstances. 

## 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 that OMB extend its approval of the collection of information requirements contained in the 13 Carcinogens Standard (29 CFR 1910.1003). The Agency is requesting to reduce its current burden hour estimate associated with the Standard from 1,657 hours to 1,604 hours for a total reduction of −53 hours. The reduction is primarily the result of decreasing both the number of establishments (from 97 to 93 establishments) and the number of exposed employees (from 663 to 643). The Agency will include this summary in its request to OMB to extend the approval of these collection of information requirements. 

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

*Title:*                     13 Carcinogens Standard (29 CFR 1910.1003).                 

*OMB Number:*                     1218-0085.                 

*Affected Public:*                     Business or other for-profits; Federal Government; State, Local or Tribal Government.                 

*Number of Respondents:*                     93.                 

*Total Responses:*                     2,119.                 

*Frequency:*                     On occasion.                 

*Estimated Time per Response:*                     Time per response ranges from approximately 5 minutes (for employers to maintain records) to 2 hours (for records access and transfer).                 

*Total Burden Hours:*                     1,604.                 

*Estimated Cost (Operation and Maintenance):*                     $88,816.                 

## 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 site. Because of security-related problems, there may be a significant delay in the receipt of comments by regular mail. Please contact the OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627) for information about security procedures concerning the delivery 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 site are available at                     *http://www.OSHA.gov.*                     Contact the OSHA Docket Office for information about materials not available through the OSHA Web site and for assistance in using the Internet to locate docket submissions.                 

                    Electronic copies of this                     **Federal Register**                     notice as well as other relevant documents are available on OSHA's Web site. Since all submissions become public, personal information such as social security numbers and date of birth should not be submitted.                 

## V. Authority and Signature 

                    Edwin G. Foulke, Jr., 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 31159).                 

Signed at Washington, DC, this 22nd day of September 2008. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for Occupational Safety and Health. 

 [FR Doc. E8-22664 Filed 9-25-08; 8:45 am] 

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