60 Day Federal Register Notice

[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]

[Notices]

[Pages 6350-6352]

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

[FR Doc No: 2013-01968]

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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;

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 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 (29 CFR 1910.1050).

DATES: Comments must be submitted (postmarked, sent, or received) by

April 1, 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-2012-0040,

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-2012-0040) 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 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

[[Page 6351]]

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 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 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 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 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. 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,

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 of 73 burden hours from 297

to 370 hours. This adjustment is the result of increasing the job hire

rate from 10% to 25.6%, resulting in an increased number of workers

receiving initial medical examinations, being trained, and requesting

access to records. Also, there was an increase in the methods of

compliance section.

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'--Methylenedialine 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: 11.

Total Responses: 659.

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: 370.

Estimated Cost (Operation and Maintenance): $27,982.

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-2012-0040). 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.

[[Page 6352]]

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).

David Michaels,

Assistant Secretary of Labor for Occupational Safety and Health.

[FR Doc. 2013-01968 Filed 1-29-13; 8:45 am]

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