[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Notices]
[Pages 55949-55950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23055]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0060]


Methylene Chloride Standard; Extension of the Office of 
Management and Budget's (OMB) Approval of 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 requirements specified in the Methylene Chloride 
Standard (29 CFR 1910.1052).

DATES: Comments must be submitted (postmarked, sent, or received) by 
November 8, 2011.

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, OSHA Docket No. OSHA-2011-0060, 
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 (OSHA-2011-0060) for the Information Collection Request 
(ICR). 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: Theda Kenney or Todd Owen, Directorate 
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3468, 
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 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 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).
    As required by the PRA-95, OSHA published a notice in the Federal 
Register on March 16, 2011 (76 FR 14432, Docket No. OSHA-2011-0060) 
requesting public comment on its proposed extension of the information 
collection requirements contained in the existing Standard on Methylene 
Chloride (29 CFR 1910.1052, ``the Standard''). The notice was part of a 
preclearance consultation program intended to provide those interested 
parties the opportunity to comment on OSHA's request for an extension 
by OMB of a previous approval of the information collection 
requirements in the Standard. No public comments were received.
    However, as a result of the Standards Improvement Project-Phase III 
final rule (76 FR 33590), published on June 8, 2011, the ``transfer of 
records'' requirement contained in the Standard (former 29 CFR 
1910.1052(m)(5)) was revoked. In accordance with PRA-95, prior to 
issuance of the final rule, on May 27, 2011, OSHA submitted a revised 
ICR to OMB requesting approval to remove this requirement and the 
associated burden hours and costs. On August 11, 2011, OMB issued a 
Notice of Action (NOA) indicating approval of the request.
    In addition, the NOA instructed the Department of Labor to publish 
a second notice in the Federal Register to solicit comments on its 
proposal to extend the Office of Management and Budget's approval of 
the information collection requirements. In response, this notice 
fulfills the NOA instructions. The Agency will respond to any comments 
submitted in response to this notice and submit the final ICR to OMB.
    The Standard protects workers from the adverse health effects that 
may result from their exposure to methylene chloride (MC). The 
requirements in the Standard include worker exposure monitoring, 
notifying workers of their MC exposures, administering medical 
examinations to workers, providing examining physicians with specific 
program and worker information, ensuring that workers receive a copy of 
their medical examination results, training workers on the hazards of 
MC, maintaining workers' exposure monitoring and medical examination 
records for specific periods, and providing access to these records by 
OSHA, the National Institute for Occupational Safety and Health, the 
affected workers, and their authorized representatives.

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;

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     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 an adjustment decrease in burden hours from 
67,361 to 63,560 (a total decrease of 3,801 hours). The adjustment is 
primarily due to a decrease in covered workers.
    Type of Review: Extension of a currently approved collection.
    Title: Methylene Chloride Standard (29 CFR 1910.1052).
    OMB Number: 1218-0179.
    Affected Public: Business or other for-profits.
    Number of Respondents: 90,596.
    Frequency of Response: Annually; semi-annually, quarterly; on 
occasion.
    Total Responses: 250,924.
    Average Time per Response: Varies from 1 hour for administering a 
medical examination to 5 minutes to maintain a worker's medical or 
exposure record.
    Estimated Total Burden Hours: 63,560.
    Estimated Cost (Operation and Maintenance): $19,214,570.

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://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (fax); 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-2011-0060). 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).
    Comments and submissions are posted without change at http://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 http://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly 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

    David Michaels, PhD, MPH, 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. 4-2010 
(75 FR 55355).

    Signed at Washington, DC, on September 2, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-23055 Filed 9-8-11; 8:45 am]
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