82 FR 18930 - Portable Fire Extinguishers (Annual Maintenance Certification Record); Extension of the Office of Management and Budget's (OMB) Approval of the Information Collection (Paperwork) Requirements

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 77 (April 24, 2017)

OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirement contained in the Portable Fire Extinguishers Standard (Annual Maintenance Certification Record).

[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18930-18932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08229]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0039]


Portable Fire Extinguishers (Annual Maintenance Certification 
Record); Extension of the Office of Management and Budget's (OMB) 
Approval of the Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirement contained in the Portable Fire 
Extinguishers Standard (Annual Maintenance Certification Record).

DATES: Comments must be submitted (postmarked, sent or received) by 
June 23, 2017.

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 a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2010-0039, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 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, 10 a.m. to 3:00 p.m., e.t.
    Instructions: All submissions must include the Agency name and the 
OSHA docket number for the Information Collection Request (ICR) (OSHA-
2010-

[[Page 18931]]

0039). 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 materials in the 
docket, go to http://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 
publically available to read or download from the Web site. All 
submissions, including copyrighted material, are available for 
inspection and copying at the OSHA Docket Office. You may contact Theda 
Kenney at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT:  Todd Owen or Theda Kenney, 
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 accord 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, 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 OSHA to 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).
    Paragraph (e)(3) of the Standard specifies that employers must 
subject each portable fire extinguisher to an annual maintenance 
inspection and record the date of the inspection. In addition, this 
provision requires employers to retain the inspection record for one 
year after the last entry or for the life of the shell, whichever is 
less, and to make the record available to OSHA on request. This 
recordkeeping requirement assures workers and Agency compliance 
officers that portable fire extinguishers located in the workplace will 
operate normally in case of fire; in addition, this requirement 
provides evidence to OSHA compliance officers during an inspection that 
the employer performed the required maintenance checks on the portable 
fire extinguishers.

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 information 
collection requirements contained in the Portable Fire Extinguishers 
Standard (Annual Maintenance Certification Record) (29 CFR 
1910.157(e)(3)). OSHA is requesting an adjustment increase of 4,489,161 
responses (from 1,380,750 to 5,869,911), and an increase of 224,458 
burden hours (from 69,038 to 293,496 burden hours). The increased 
estimate for the number of responses stems from a reconsideration of 
how this figure should be calculated. Prior estimates fully accounted 
for all time and cost burden but only counted responses imposing a time 
burden as a response for reginfo.gov database purposes. Employers who 
contract for an inspection also are making a response under the PRA, 
and this ICR adjusts the analysis. This ICR's adjustment increase is 
also a result of the number of portable fire extinguishers increasing 
from 1,380,750 to 5,869,911 (see explanation under Item 12). In 
addition, there is an increase in the cost under Item 13 from 
$8,583,559 to $9,538,604 (an increase of $955,045). This cost increase 
is the result of updated data indicating a decrease in the number of 
establishments; thus, the Agency estimates an increase in the number of 
portable fire extinguishers inspected by outside contractors. The 
Agency will summarize the comments submitted in response to this notice 
and will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Portable Fire Extinguishers (Annual Maintenance 
Certification Record (29 CFR 1910.157(e)(3)).
    OMB Control Number: 1218-0238.
    Affected Public: Business or other for-profits.
    Number of Responses: 5,869,911.
    Frequency of Responses: On occasion.
    Average Time per Response: Approximately 30 minutes (.50 hour) to 
perform and record the required maintenance inspection.
    Estimated Total Burden Hours: 293,496.
    Estimated Cost Operation and Maintenance): $9,538,604.

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://regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All 
comments, attachments, and other materials must identify the Agency 
name and the OSHA docket number for the ICR (Docket No. OSHA-2010-
0039). 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).

[[Page 18932]]

    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions comments 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 publically 
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 comments and Access the docket 
is available at 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

    Dorothy Dougherty, 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on April 13, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-08229 Filed 4-21-17; 8:45 am]
 BILLING CODE 4510-26-P