60_Day_FR_Notice

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Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices
training procedures to ensure that all
personnel are adequately trained and
establish standard operating procedures.
Westlake will modify its Spill/Release
Reporting Policy according to protocol
designed by EPA.
For Clean Water Act injunctive relief,
Westlake will update its Spill
Prevention Control and
Countermeasures Plan ensuring that all
regulated tanks are included and will
comply with the plan.
The consent decree resolves the civil
claims in the complaint filed in the case
as well as violations listed in notices of
violation issued to Westlake through the
date of lodging of the decree on
September 17, 2010. The United States
will also covenant not to sue or take
administrative action under Section
3008(a) and (h) of Resource
Conservation and Recovery Act, 42
U.S.C. 6928(a) and (h), against Westlake
for performance of the Resource
Conservation and Recovery Act
injunctive relief at the polyvinyl
chloride plant, conditioned upon
satisfactory performance.
EPA estimates that there will be a
substantial reduction in hazardous air
pollutant emission under the terms of
the proposed consent decree. The
incinerator rerouting, along with
improved Leak Detection and Repair
compliance, should result reductions of
vinyl chloride emissions by
approximately 2,280 pounds per year,
ethylene emissions by approximately
204,687 pounds per year, and 1,2
dichloroethane emissions by
approximately 1,284 pounds per year.
Under the proposed consent decree,
Westlake will pay a civil penalty of
$800,000, of which $700,000 will be
paid to the United States and $100,000
will be paid to the Commonwealth. Due
to the Clean Water Act violations,
$12,500 of the civil penalty will go to
Oil Spill Liability Trust Fund pursuant
to 33 U.S.C. 132l(s).
The Consent Decree may be examined
at the Office of the United States
Attorney for the Western District of
Kentucky, 501 Broadway, Room 29,
Paducah, Kentucky 42001. During the
public comment period, the Consent
Decree may also be examined on the
following Department of Justice: http://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611, or
by faxing or e-mailing a request to Tonia
Fleetwood, [email protected],
Fax No. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent

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Decree Library, please enclose a check
in the amount of $43.25 (25 cents per
page reproduction cost) payable to the
U.S. Treasury.
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2010–26415 Filed 10–20–10; 8:45 am]
BILLING CODE 4410–15–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0051]

Manlifts; Extension of the Office of
Management and Budget’s (OMB)
Approval of Information Collection
(Paperwork) Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:

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 Manlifts
(29 CFR 1910.68).
DATES: Comments must be submitted
(postmarked, sent, or received) by
December 20, 2010.
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–2010–0051, 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–2010–0051) for
the Information Collection Request
SUMMARY:

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(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–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 accordance 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 effort in
obtaining information (29 U.S.C. 657).

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Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices

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The Standard specifies two
paperwork requirements. The following
sections describe who uses the
information collected under each
requirement, as well as how they use it.
The purpose of the requirements is to
reduce workers’ risk of death or serious
injury by ensuring that manlifts are in
safe operating condition.
Periodic Inspections and Records
(paragraph (e)). This provision requires
that each manlift be inspected at least
once every 30 days and it also requires
that limit switches shall be checked
weekly. The manlift inspection is to
cover at least the following items: steps;
step fastenings; rails; rail supports and
fastenings; rollers and slides; belt and
belt tension; handholds and fastenings;
floor landings; guardrails; lubrication;
limit switches; warning signs and lights;
illumination; drive pulley; bottom (boot)
pulley and clearance; pulley supports;
motor; driving mechanism; brake;
electrical switches; vibration and
misalignment; and any ‘‘skip’’ on the up
or down run when mounting a step
(indicating worn gears). A certification
record of the inspection must be
prepared upon completion of the
inspection. The record must contain the
date of the inspection, the signature of
the person who performed the
inspection, and the serial number or
other identifier of the inspected manlift.
Disclosure of Inspection Certification
Records. Employers are to maintain the
certification record and make it
available to OSHA compliance officers.
This record provides assurance to
employers, workers, and compliance
officers that manlifts were inspected as
required by the Standard. The
inspections are made to keep equipment
in safe operating condition, thereby
preventing manlift failure while
carrying workers to elevated worksites.
These records also provide the most
efficient means for the compliance
officers to determine that an employer is
complying with the Standard.
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

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example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
OSHA is requesting to retain its
current burden hour estimate of 37,801
hours.
Type of Review: Extension of a
currently approved collection.
Title: Manlifts (29 CFR 1910.68).
OMB Number: 1218–0226.
Affected Public: Business or other forprofits.
Number of Respondents: 3,000.
Frequency: On occasion; Monthly.
Average Time per Response: Varies
from 2 minutes (.03 hour) for an
employer to disclose the inspection
certification record to 1 hour to inspect
a manlift.
Estimated Total Burden Hours:
37,801.
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. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2010–0051).
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 date of birth.
Although all submissions are listed in
the http://www.regulations.gov index,

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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. 4–2010 (75 FR
55355).
Signed at Washington, DC, on October 18,
2010.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2010–26500 Filed 10–20–10; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Existing
Mandatory Safety Standard
Mine Safety and Health
Administration (MSHA), Labor.
ACTION: Notice.
AGENCY:

Section 101(c) of the Federal
Mine Safety and Health Act of 1977 and
30 CFR part 44 govern the application,
processing, and disposition of petitions
for modification. This notice is a
summary of a petition for modification
filed by the party listed below to modify
the application of an existing mandatory
safety standard published in Title 30 of
the Code of Federal Regulations.
DATES: All comments on the petition
must be received by the Office of
Standards, Regulations and Variances
on or before November 22, 2010.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: [email protected]. Include the docket
number of the petition in the subject
line of the message.
2. Facsimile: 1–202–693–9441.
SUMMARY:

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