60_Day_FR_Notice

OSHA-2011-0186-FRN.pdf

Inorganic Arsenic Standard (29 CFR 1910.1018)

60_Day_FR_Notice

OMB: 1218-0104

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Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Notices
to the supply of third party medical
billing and coding services.
The petition filed on behalf of
‘‘medical coders’’ at Beacon Medical
Services, LLC, Aurora, Colorado, states
that ‘‘our jobs were outsourced to
India.’’
The negative determination was based
on the Department’s findings that
Beacon Medical Services does not
produce an article within the meaning
of Section 222(a) or Section 222(b) of
the Act. In order to be considered
eligible to apply for adjustment
assistance under Section 223 of the
Trade Act of 1974, the worker group
seeking certification (or on whose behalf
certification is being sought) must work
for a ‘‘firm’’ or appropriate subdivision
that produces an article.
Pursuant to 29 CFR 90.18(c),
administrative reconsideration may be
granted under the following
circumstances:
(1) If it appears on the basis of facts
not previously considered that the
determination complained of was
erroneous;
(2) If it appears that the determination
complained of was based on a mistake
in the determination of facts not
previously considered; or
(3) If in the opinion of the Certifying
Officer, a misinterpretation of facts or of
the law justified reconsideration of the
decision.
After the Trade Act of 2009 expired in
February 2011, petitions for TAA were
instituted under the Trade Adjustment
Assistance Reform Act of 2002 (Trade
Act of 2002). Therefore, the statute
applicable to TA–W–80,219 is the Trade
Act of 2002. The applicable regulation
is codified in 29 CFR Part 90, Subpart
B.
Section 222 of the Trade Act of 2002
establishes the worker group eligibility
requirements. The requirements include
either ‘‘imports of articles like or
directly competitive with articles
produced by such firm or subdivision
have increased’’ or ‘‘a shift in
production by such workers’ firm or
subdivision to a foreign country of
articles like or directly competitive with
articles which are produced by such
firm or subdivision.’’
In the request for reconsideration, the
petitioner asserts that Beacon Medical
Services ‘‘sent our jobs OVESEAS TO
INDIA.’’
A shift in the supply of services (or
like or directly competitive services) by
Beacon Medical Services to a foreign
country is not a basis for certification
under the criteria set forth by the Trade
Act of 2002.
After careful review of the request for
reconsideration, previously submitted

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materials, the applicable statute, and
relevant regulation, the Department
determines that there is no new
information, mistake in fact, or
misinterpretation of the facts or of the
law.
Conclusion
After review of the application and
investigative findings, I conclude that
there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed at Washington, DC, this 4th day of
October, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–27162 Filed 10–19–11; 8:45 am]
BILLING CODE 4510–FN–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0186]

Inorganic Arsenic Standard; 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 Inorganic Arsenic
Standard (29 CFR part 1910.1018).
DATES: Comments must be submitted
(postmarked, sent, or received) by
December 19, 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
your comments and attachments to the
OSHA Docket Office, Docket No.
OSHA–2011–0186, U.S. Department of
SUMMARY:

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65217

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–2011–0186) 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 also may contact Theda Kenney at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney, 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

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Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Notices

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 in the Inorganic Arsenic
Standard provide protection for workers
from the adverse health effects
associated with exposure to inorganic
arsenic. The Inorganic Arsenic Standard
requires employers to: monitor workers’
exposure to inorganic arsenic; monitor
worker health; develop and maintain
worker exposure monitoring and
medical records; establish and
implement written compliance
programs; and provide workers with
information about their exposures and
the health effects of exposure to
inorganic arsenic.

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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 an
adjustment in the number of burden
hours from 385 to 637 due to an
increase in the number of
establishments from three to five. The
cost burden also increased from $31,165
to $54,197 due primarily to the increase
in the cost of medical examinations and
chest x-rays from $196 to $210.
Type of Review: Extension of a
currently approved collection.
Title: Inorganic Arsenic Standard (29
CFR 1910.1018).
OMB Number: 1218–0104.
Affected Public: Business or other forprofits.
Number of Respondents: 5.

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Frequency: On occasion; quarterly;
semi-annually; annually.
Total Responses: 1,936.
Average Time per Response: Varies
from five minutes (.08 hour) for a
secretary to prepare and post each
notification to eight hours for a
supervisor to update each compliance
plan.
Estimated Total Burden Hours: 637.
Estimated Cost (Operation and
Maintenance): $54,197
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; or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for this
ICR (Docket No. OSHA–2011–0186).
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 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

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assistance in using the Internet to locate
docket submissions.
V. Authority and Signature
David Michaels, Ph.D., M.P.H.,
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 17,
2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2011–27181 Filed 10–19–11; 8:45 am]
BILLING CODE 4510–26–P

NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Advisory Committee on the Electronic
Records Archives (ACERA)
National Archives and Records
Administration.
ACTION: Notice of meeting.
AGENCY:

In accordance with the
Federal Advisory Committee Act, as
amended (5 U.S.C. Appendix 2), the
National Archives and Records
Administration (NARA) announces a
meeting of the Advisory Committee on
the Electronic Records Archives
(ACERA). The committee serves as a
deliberative body to advise the Archivist
of the United States, on technical,
mission, and service issues related to
the Electronic Records Archives (ERA).
This includes, but is not limited to,
advising and making recommendations
to the Archivist on issues related to the
development, implementation and use
of the ERA system. This meeting will be
open to the public. However, due to
space limitations and access procedures,
the name and telephone number of
individuals planning to attend must be
submitted to the Electronic Records
Archives Program at era.program
@nara.gov. This meeting will be
recorded for transcription purposes.
DATES: The meeting will be held on
November 2, 2011, 8:30 a.m.–4:45 p.m.
ADDRESSES: The Washington Room, 700
Pennsylvania Avenue, NW.,
Washington, DC 20408–0001.
FOR FURTHER INFORMATION CONTACT:
Kimberly Scates, Information Services,
National Archives and Records
Administration, 8601 Adelphi Road,
College Park, Maryland 20740; (301)
837–3176.
SUMMARY:

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