[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Pages 68849-68850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27856]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0031]


Standard on 4,4'--Methylenedianiline in Construction; 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 Standard on 4,4'--
Methylenedianiline in Construction (29 CFR 1926.60).

DATES: Comments must be submitted (postmarked, sent, or received) by 
January 15, 2013.

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-2012-0031, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 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-2012-0031) 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 from 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-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 (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 4,4'- 
Methylenedianiline Standard for Construction (the ``MDA Standard'') (29 
CFR 1926.60) protect workers from the adverse health effects that may 
result from their exposure to MDA, including cancer, liver and skin 
disease. The major paperwork requirements specify that employers must 
perform initial, periodic, and additional exposure

[[Page 68850]]

monitoring; notify each worker in writing of their results, as soon as 
possible but no longer than 5 days after receiving exposure monitoring 
results; and routinely inspect the hands, face, and forearms of each 
worker potentially exposed to MDA for signs of dermal exposure to MDA. 
Employers must also: establish a written compliance program; institute 
a respiratory protection program in accordance with 29 CFR 1910.134 
(OSHA's Respiratory Protection Standard); and develop a written 
emergency plan for any construction operation that could have an 
emergency (i.e., an unexpected and potentially hazardous release of 
MDA).
    Employers must label any material or products containing MDA, 
including containers used to store MDA-contaminated protective clothing 
and equipment. They also must inform personnel who launder MDA-
contaminated clothing of the requirement to prevent release of MDA, 
while personnel who launder or clean MDA-contaminated protective 
clothing or equipment must receive information about the potentially 
harmful effects of MDA. In addition, employers are to post warning 
signs at entrances or accessways to regulated areas, as well as train 
workers exposed to MDA at the time of their initial assignment, and at 
least annually thereafter.
    Other paperwork provisions of the MDA Standard require employers to 
provide workers with medical examinations, including initial, periodic, 
emergency and follow-up examinations. As part of the medical 
surveillance program, employers must ensure that the examining 
physician receives specific written information, and that they obtain 
from the physician a written opinion regarding the worker's medical 
results and exposure limitations.
    The MDA Standard also specifies that employers are to establish and 
maintain exposure monitoring and medical surveillance records for each 
worker who is subject to these respective requirements, make any 
required record available to OSHA compliance officers and the National 
Institute for Occupational Safety and Health (NIOSH) for examination 
and copying, and provide exposure monitoring and medical surveillance 
records to workers and their designated 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;
     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

    The Agency is requesting that it retain its previous burden hour 
request of 1,029 hours. As reported by the Consumer Price Index (CPI) 
there was a 9.1% inflation from 2007 to 2010. Therefore, there is an 
overall increase in capital costs of $5,640 (from $62,838 to $68,478). 
This adjustment is a result of an increase in the estimated cost of 
medical examinations from $168 to $183. Also, there is an increase in 
the estimated cost of laboratory airborne sample analysis from $107 to 
$117.
    The Agency will summarize the comments submitted in response to 
this notice and will include this summary in the request to OMB to 
extend the approval of the information collection requirements 
contained in the Standard.
    Type of Review: Extension of a currently approved collection.
    Title: 4,4'- Methylenedianiline in Construction Standard (29 CFR 
1926.60).
    OMB Control Number: 1218-0183.
    Affected Public: Business or other for-profits; Not-for-profit 
organizations; Federal Government; State, Local, or Tribal Government.
    Number of Respondents: 330.
    Total Responses: 2,631.
    Frequency: On occasion.
    Average Time per Response: Varies from 5 minutes (.08 hour) for 
employers to provide information to the physician to 2 hours for 
initial monitoring.
    Estimated Total Burden Hours: 1,029.
    Estimated Cost (Operation and Maintenance): $68,478.

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-2012-0031). 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, Ph.D., 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on November 13, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-27856 Filed 11-15-12; 8:45 am]
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