60 Day Federal Register Notice

Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices
4975(c)(2) of the Code does not relieve
a fiduciary or other party in interest or
disqualified person from certain other
provisions of the Act and/or the Code,
including any prohibited transaction
provisions to which the exemption does
not apply and the general fiduciary
responsibility provisions of section 404
of the Act, which, among other things,
require a fiduciary to discharge his
duties respecting the plan solely in the
interest of the participants and
beneficiaries of the plan and in a
prudent fashion in accordance with
section 404(a)(1)(b) of the Act; nor does
it affect the requirement of section
401(a) of the Code that the plan must
operate for the exclusive benefit of the
employees of the employer maintaining
the plan and their beneficiaries;
(2) Before an exemption may be
granted under section 408(a) of the Act
and/or section 4975(c)(2) of the Code,
the Department must find that the
exemption is administratively feasible,
in the interests of the plan and of its
participants and beneficiaries, and
protective of the rights of participants
and beneficiaries of the plan;
(3) The proposed exemptions, if
granted, will be supplemental to, and
not in derogation of, any other
provisions of the Act and/or the Code,
including statutory or administrative
exemptions and transitional rules.
Furthermore, the fact that a transaction
is subject to an administrative or
statutory exemption is not dispositive of
whether the transaction is in fact a
prohibited transaction; and
(4) The proposed exemptions, if
granted, will be subject to the express
condition that the material facts and
representations contained in each
application are true and complete, and
that each application accurately
describes all material terms of the
transaction which is the subject of the
exemption.
Signed at Washington, DC, this 9th day of
November, 2012.
Lyssa E. Hall,
Director of Exemption Determinations,
Employee Benefits Security Administration,
U.S. Department of Labor.
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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
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 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
SUMMARY:

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68849

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

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Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices

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 MDAcontaminated protective clothing and
equipment. They also must inform
personnel who launder MDAcontaminated 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

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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 forprofits; 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).

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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.
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