[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5923-5925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01778]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0039]


Standard for Process Safety Management of Highly Hazardous 
Chemicals; 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 and revise the Office of Management and Budget's (OMB) approval 
of the information collection requirements specified in the Standard 
for Process Safety Management (PSM) of Highly Hazardous Chemicals.

DATES: Comments must be submitted (postmarked, sent, or received) by 
March 31, 2023.

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.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket 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 website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350, (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2012-0039) for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made available online. 
Therefore, OSHA cautions interested parties about submitting personal 
information such as social security numbers and birthdates. For further 
information on submitting comments, see the ``Public Participation'' 
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, 
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; 
telephone (202) 693-2222.

SUPPLEMENTARY INFORMATION:

[[Page 5924]]

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 collection of 
information requirements in accordance 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 (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 effort in 
obtaining information (29 U.S.C. 657).
    The following sections describe who uses the information collected 
under each requirement, as well as how they use it. The purpose of 
these requirements is to reduce employees' risk of death or serious 
injury by ensuring that employment has been tested and is in safe 
operating condition.
    The collection of information in the standard is necessary for 
implementation of the requirements of the standard. The information is 
used by employers to ensure that processes using highly hazardous 
chemicals with the potential of a catastrophic release are operated as 
safely as possible. The employer must thoroughly consider all facets of 
a process, as well as the involvement of employees in that process. 
Employers analyze processes so that they can identify, evaluate and 
control problems that could lead to a major release, fire, or 
explosion. The major information collection requirements in this 
standard include: consulting with workers and their representatives on 
and providing them access to process hazard analyses and the 
development of other elements of the standard; developing a written 
action plan for implementation of employee participation in process 
hazard analyses and other elements of the standard; completing a 
compilation of written process safety information; performing a process 
hazard analysis; documenting actions taken to resolve process hazard 
analysis team findings and recommendations; updating, revalidating, and 
retaining the process hazard analysis; developing and implementing 
written operating procedures accessible to workers; reviewing operating 
procedures as often as necessary and certifying the procedures 
annually; developing and implementing safe work practices; preparing 
training records; informing contract employers of known hazards and 
applicable provisions of the emergency action plan; maintaining a 
contract worker injury and illness log; establishing written procedures 
to maintain the integrity of and documenting inspections and tests of 
process equipment; providing information on permits issued for hot work 
operations; establishing and implementing written procedures to manage 
changes; preparing reports at the conclusion of incident 
investigations, documenting resolutions and corrective measures, and 
reviewing the reports with affected personnel; establishing and 
implementing an emergency action plan; developing a compliance audit 
report and certifying compliance; and disclosing information necessary 
to comply with the standard to persons responsible for compiling 
process safety information.

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 an adjustment decrease of 167,171 hours from 
2,492,465 hours to 2,325,294 hours. This adjustment decrease is due to 
a reduction in the number of new and existing establishments from 9,787 
to 9,049 establishments. The agency will summarize the any 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: Process Safety Management of Highly Hazardous Chemicals 
(PSM) (29 CFR 1910.119 and 29 CFR 1926.64).
    OMB Control Number: 1218-0200.
    Affected Public: Businesses or other for-profits.
    Number of Respondents: 9,049.
    Number of Responses: 929,528.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 2,325,294.
    Estimated Cost (Operation and Maintenance): $0.

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. Please 
note: While OSHA's Docket Office is continuing to accept and process 
submissions by regular mail due to the COVID-19 pandemic, the Docket 
Office is closed to the public and not able to receive submissions to 
the docket by hand, express mail, messenger, and courier service. All 
comments, attachments, and other material must identify the agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2012-0039). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or a 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 that the agency can attach 
them to your comments.
    Due to security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments.
    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 from this 
website. All submissions, including copyrighted material, are available 
for inspection

[[Page 5925]]

and copying at the OSHA Docket Office. Information on using the http://www.regulations.gov website to submit comments and access the docket is 
available at the website's ``User Tips'' link.
    Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-
5627) for information about materials not available from the website, 
and for assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, 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. 8-2020 
(85 FR 58393).

    Signed at Washington, DC, on January 17, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-01778 Filed 1-27-23; 8:45 am]
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