[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20190-20191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07047]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0040]


The Standard on 4,4'--Methylenedianiline for General Industry 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 the 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 for General Industry.

DATES: Comments must be submitted (postmarked, sent, or received) by 
June 5, 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-2012-0040) 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: 

I. Background

    The Department of Labor, as part of the 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) (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, the 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 specified in the 4,4'--Methylenedianiline Standard 
for General Industry (the ``MDA Standard'') (29 CFR 1910.1050) 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 monitoring; notify each worker in 
writing of their results as soon as possible but no longer than five 
(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 OSHA's Respiratory Protection 
Standard (29 CFR 1910.134);

[[Page 20191]]

and to develop a written emergency plan for any construction operation 
that could have an MDA 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 access ways 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. Finally, 
employers who cease to do business within the period specified for 
retaining exposure monitoring and medical surveillance records, and who 
have no successor employer, must notify NIOSH at least 90 days before 
disposing of the records and transmit the records to NIOSH if so 
requested.

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 to 
protect workers, 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 the approval of the information 
collection requirements contained in 4,4'--Methylenedianiline for 
General Industry. The agency is requesting to maintain previously 
approved burden hours calculations for this proposed ICR, which is 317 
burden hours. The agency estimated an overall increase in the estimated 
number of covered establishments in specific industry sectors in the 
prior ICR and is not going to change the estimates for this request. 
OSHA is not requesting an adjustment for the Capital Costs, which is 
$25,740, due to the increased cost of the samples and the CPI.
    OSHA 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.
    Type of Review: Extension of a currently approved collection.
    Title: 4,4'--Methylenedianiline Standard for General Industry (29 
CFR 1910.1050).
    OMB Control Number: 1218-0184.
    Affected Public: Business or other for-profits; Not-for-profit 
organizations; Federal Government; State, Local, or Tribal government.
    Number of Respondents: 10.
    Number of Responses: 584.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 317.
    Estimated Cost (Operation and Maintenance): $25,740.

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); if your comments, including 
attachments, are not longer than 10 pages you may fax them to the OSHA 
Docket Office at 202-693-1648; 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 OSHA-2012-0040. 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 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 March 29, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-07047 Filed 4-4-23; 8:45 am]
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