[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Rules and Regulations]
[Pages 42666-42667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20890]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

RIN 1218-AA95


Methylene Chloride; Approval of Information Collection 
Requirements; Extension of Start-up Dates

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

ACTION: Final Rule; Amendment; Announcement of the OMB Approval of 
Information Collection Requirements; Extension of Start-up Dates for 
Compliance.

-----------------------------------------------------------------------

SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
announcing that the collections of information regarding 
Sec. 1910.1052(d), exposure monitoring; Sec. 1910.1052(e), regulated 
areas; Sec. 1910.1052(j), medical surveillance; Sec. 1910.1052(l), 
employee information and training; and Sec. 1910.1052(m), recordkeeping 
of OSHA's final rule for Occupational Exposure to Methylene Chloride 
(MC) have been approved by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995. The OMB approval number is 
1218-0179. In addition, this document announces that OSHA is providing 
an additional 30 days for certain employers to comply with the start-up 
dates contained in Sec. 1910.1052(n).

DATES: Effective August 8, 1997. The start-up date for initial 
monitoring as stated in Sec. 1910.1052(n)(2)(i)(C) is September 7, 1997 
(150 days from the standard's effective date of April 10, 1997).

FOR FURTHER INFORMATION CONTACT: Todd Owen, OSHA, Directorate of Health 
Standards Programs, Room N3718, U.S. Department of Labor, 200 
Constitution Avenue, NW, Washington, DC 20210; Telephone (202) 219-7075 
extension 109.

SUPPLEMENTARY INFORMATION: OSHA published a final rule for Methylene 
Chloride, Sec. 1910.1052, on January 10, 1997, at 62 FR 1494 to provide 
greater protection to employees exposed to methylene chloride's harmful 
effects. The final rule became effective on April 10, 1997, although 
various provisions did not take effect until the startup dates 
specified in paragraph (n)(2), the earliest of which was August 7, 
1997. In addition, as required by the Paperwork Reduction Act of 1995, 
the Federal Register notice stated that compliance with the collection 
of information requirements in Sec. 1910.1052(d), exposure monitoring; 
Sec. 1910.1052(e), regulated areas; Sec. 1910.1052(j), medical 
surveillance; Sec. 1910.1052(l), employee information and training; and 
Sec. 1910.1052(m), recordkeeping was not required until those 
collections of information had been approved by the Office of 
Management and Budget and until the Department of Labor published a 
notice in the Federal Register announcing the OMB control numbers 
assigned by OMB. Under 5 CFR 1320.5(b), an agency may not conduct or 
sponsor a collection of information unless: (1) the collection of 
information displays a currently valid OMB control number; and (2) the 
agency informs the potential persons who are to respond to the 
collection of information that such persons are not required to respond 
to the collection of information unless it displays a currently valid 
OMB control number.
    On May 29, 1997, the Agency submitted the Methylene Chloride 
information collection request to OMB for approval in accordance with 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). On July 29, 
1997, OMB approved the collections of information and assigned OMB 
Control Number 1218-0179. The approval for the collection expires on 
February 28, 1999.
    With one exception, the earliest start-up date for any provision of 
the standard, including those with paperwork requirements, is October 
7, 1997. The announcement today of OMB approval of paperwork 
requirements is sufficient notice to permit compliance without 
extending those start-up dates. However, the start-up date for the 
initial monitoring provisions (which includes paperwork requirements) 
for larger employers is August 8, 1997. Because that date is soon after 
publication of this notice, OSHA is amending paragraph 
Sec. 1910.1052(n)(2)(i)(C) to allow those employers an additional 30 
days to come into compliance with the initial monitoring requirements. 
OSHA finds that there is good cause to issue this extension without 
notice and public comment because following such procedures would be 
impractical, unnecessary or contrary to the public interest in this 
case. OSHA believes that it is in the public interest to give employers 
additional time between the notice of OMB approval and the date that 
compliance is required.

Authority And Signature

    This document was prepared under the direction of Gregory R. 
Watchman, Acting Assistant Secretary of Labor for Occupational Safety 
and Health, U.S. Department of Labor, 200 Constitution Avenue, NW, 
Washington, DC 20210.

    Signed at Washington, DC this 4th day of August 1997.
Gregory R. Watchman,
Acting Assistant Secretary for Occupational Safety and Health.
PART 1910--[AMENDED]
    1. The authority citation for Subpart A of part 1910 continues to 
read as follows:

    Authority: Secs. 4, 6, 8 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), or 6-96 (62 FR 111), as applicable.


Sec. 1910.8  [Amended]

    2. Sec. 1910.8 is amended by adding the entry ``1910.52 * * * 1218-
0179'' (in numerical order) to the table in the section.
    3. The general authority citation for subpart Z of 29 part 1910 is 
revised to read as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 
FR 35736), 1-90 (55

[[Page 42667]]

FR 9033), or 6-96 (62 FR 111), as applicable; and 29 CFR Part 1911.
* * * * *
    4. Paragraph (n)(2)(i)(C) of Sec. 1910.1052 is revised to read as 
follows:


Sec. 1910.1052  Methylene chloride.

* * * * *
    (n) * * *
    (2) * * *
    (i) * * *
    (C) For all other employers, within 150 days after the effective 
date of this section.
* * * * *
[FR Doc. 97-20890 Filed 8-7-97; 8:45 am]
BILLING CODE 4510-26-M