60 Day FR Notice (EtO)

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Federal Register / Vol. 79, No. 16 / Friday, January 24, 2014 / Notices

refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection as that afforded
by the existing standard.
Docket Number: M–2013–012–M.
Petitioner: Carmeuse Lime & Stone—
Luttrell Operation, 486 Clinch Valley
Road, Luttrell, Tennessee 37779.
Mine: Chesney Underground Mine,
MSHA I.D. No. 40–02113, located in
Union County, Tennessee.
Regulation Affected: 30 CFR
57.11052(d) (Refuge areas).
Modification Request: The petitioner
requests a modification of the existing
standard to use a self-contained refuge
chamber providing sufficient packaged
water and aviation quality compressed
air bottles to last no less than 48 hours
for up to 20 miners. The petitioner
states that:
(1) The unit contains enough air,
water, and nutriments at prescribed
levels to sustain occupants for 48 hours.
The source of both air and water would
not be dependent on exterior air and
water lines, which are inherently
susceptible to external physical damage
and deliver a substandard quality
product.
(2) The refuge chamber is constructed
of airtight steel and designed to sustain
up to 20 miners for a period of no less
than 48 hours by provision of fresh air,
water, and food. The unit is portable,
providing the ability to relocate as
necessary during the advancement of
mine workings. The unit is equipped
with lights, a siren, and a carbon
dioxide scrubber. Battery backup power
is provided in case of electrical outage,
and will provide standby power. The
unit will also be provided with a fire
extinguisher.
(3) The ability to supply air, water,
and reserve power within the refuge
chamber itself reduces the susceptibility
of the unit to damage from normal
mining operations and conditions that
may be found in an emergency where
the severing of lines may be of concern.
To ensure these stored supplies are
readily available as needed, daily visual
inspections will be performed to ensure
that neither exterior damage nor
unauthorized entry of the unit has
occurred. Detailed monthly inspections
will be performed to ensure supplies are
within satisfactory expiration periods.
(4) The self-contained properties of
the refuge chamber will additionally
increase the portability of the unit,
providing the flexibility to continuously
install the unit closer to working areas
of the mine, as appropriate, while

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maintaining a sanitary environment for
its occupants.
(5) The Chesney Mine employs
approximately 88 people. The mine
produces a high quality, non-gassy
limestone that is used in the production
of lime via one kiln located on site. Due
to the deposit’s approximate dip of 35
degrees, a non-traditional room and
pillar design is used in which multiple
levels are developed in a stepped
pattern.
(6) Ordinarily, less than 20 miners are
in the workings at any given moment.
The operation uses 11 production
miners and one supervisor on the day
shift, and five production miners and
one supervisor on the night shift. Three
mechanical/electrical technicians may
work in the mine on either shift and
four additional managerial employees
may be in the mine intermittently on an
as needed basis. As the workings are
readily accessible via a traversable slope
and portal, the facility has not located
office or maintenance shops
underground. There is no established
access to potable water or compressed
air in the mine
(7) The mine is naturally ventilated,
and has no significant history of gas
liberation. A 13-foot diameter airshaft
and fan located atop the eastern portion
of the mine, aid ventilation and is
capable of exhausting approximately
160,000 cubic feet per minute. An
assortment of auxiliary fans is used
underground for localized air control.
The mine also has a history of stable
roof conditions and, while not required,
installs 8-foot grouted roof bolts in a 5×5
foot pattern as part of the regular mining
cycle.
(8) A water source delivered in any
form of conduit of pipeline has the
potential to be damaged in a geologic
event or equipment activity. As pipes
age, contamination is possible and
stagnated water has the potential to
deliver bacterial agents to the recipient.
Air from the surface would require a
compressor to deliver air to the chamber
at an elevated pressure. Air from a
compressor may be laden with water
vapor and lubricants that may reduce its
purity. An underground refuge chamber
will be fitted with compressed air and
sealed water provides remediation to
both of these problems.
(9) Training on proper use of the
refuge chamber will be provided for all
affected personnel annually and
additionally upon any relocation of the
chamber.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure or protection afforded by the
existing standard.

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Dated: January 17, 2014.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2014–01391 Filed 1–23–14; 8:45 am]
BILLING CODE 4510–43–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2009–0035]

Standard on Ethylene Oxide;
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 OMB approval of the
information collection requirements
specified in the Standard on Ethylene
Oxide (EtO) (29 CFR 1910.1047). The
standard protects workers from adverse
health effects from occupational
exposure to ethylene oxide.
DATES: Comments must be submitted
(postmarked, sent, or received) by
March 25, 2014.
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, OSHA
Docket No. OSHA–2009–0035, 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 the OSHA
docket number (OSHA–2009–0035) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
SUMMARY:

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Federal Register / Vol. 79, No. 16 / Friday, January 24, 2014 / Notices
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:

TKELLEY on DSK3SPTVN1PROD with NOTICES

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
(PRA–95) (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 OSHA to 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).

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The EtO Standard specifies a number
of paperwork requirements. The
following is a brief description of the
collection of information requirements
contained in the standard.
The information collection
requirements specified in the Ethylene
Oxide Standard protect workers from
the adverse health effects that may
result from occupational exposure to
ethylene oxide. The principal
information collection requirements in
the EtO Standard include conducting
worker exposure monitoring, notifying
workers of the exposure, implementing
a written compliance program, and
implementing medical surveillance of
workers. Also, the examining physician
must provide specific information to
ensure that workers receive a copy of
their medical examination results. The
employer must maintain exposuremonitoring and medical records for
specific periods, and provide access to
these records by OSHA, the National
Institute for Occupational Safety and
Health, the affected workers, and their
authorized representatives and other
designated parties.
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
OSHA is requesting that OMB extend
its approval of the information
collection requirements specified in the
Ethylene Oxide Standard. The Agency is
requesting an overall adjustment
decrease of 6,433 burden hours, from
41,484 to 35,051 burden hours. The
decrease in burden hours is primarily
due to the decrease in the number of
hospital facilities, from 4,001 to 3,155
facilities. The Agency will summarize
the comments submitted in response to
this notice, and will include this
summary in its request to OMB.
Type of Review: Extension of a
currently approved collection.

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Title: Standard on Ethylene Oxide (29
CFR 1910.1047).
OMB Control Number: 1218–0108.
Affected Public: Business or other forprofits.
Number of Respondents: 3,155.
Frequency of Responses: On occasion.
Total Responses: 204,878.
Average Time per Response: Varies
from five minutes (.08 hour) for
employers to maintain records to one
hour for employers to update their
compliance plans.
Estimated Total Burden Hours:
35,051.
Estimated Cost (Operation and
Maintenance): $5,910,696.
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–2009–0035).
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,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://

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Federal Register / Vol. 79, No. 16 / Friday, January 24, 2014 / Notices

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 from this 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 January 17,
2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2014–01323 Filed 1–23–14; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0064]

OSHA–7 Form (‘‘Notice of Alleged
Safety and Health Hazard’’); Extension
of the Office of Management and
Budget’s 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 OSHA–7 Form.
DATES: Comments must be submitted
(postmarked, sent or received) by March
25, 2014.
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.

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SUMMARY:

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OSHA–2010–0064, 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.,
ET.
Instructions: All submissions must
include the Agency name and the OSHA
docket number (OSHA–2010–0064) 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 materials in the
docket, go to http://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 publically 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 contact Theda Kenney at the
address below to obtain a copy of the
ICR.
FOR FURTHER INFORMATION CONTACT:
Todd Owen or Theda Kenney,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3909, 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., workers filing
occupational safety or health
complaints) 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
(PRA–95) (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

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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 extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
Under paragraphs (a) and (c) of 29
CFR 1903.11 (‘‘Complaints by
employees’’) workers and their
representatives may notify the OSHA
area director or an OSHA compliance
officer of safety and health hazards
regulated by the Agency that they
believe exist in their workplaces at any
time. These provisions state further that
this notification must be in writing and
‘‘shall set forth with reasonable
particularity the grounds for the notice,
and shall be signed by the employee or
representative of the employee.’’
In addition to providing specific
hazard information to the Agency,
paragraph (a) permits workers/worker
representatives to request an inspection
of the workplace. Paragraph (c) also
addresses situations in which workers/
worker representatives may provide the
information directly to the OSHA
compliance officer during an inspection.
An employer’s former workers may also
submit complaints to the Agency.
To address the requirements of
paragraphs (a) and (c), especially the
requirement that the information be in
writing, the Agency developed the
OSHA–7 Form; this form standardized
and simplified the hazard reporting
process. For paragraph (a), they may
complete an OSHA–7 Form obtained
from the Agency’s Web site and then
send it to OSHA online, or deliver a
hardcopy of the form to the OSHA area
office by mail or facsimile, or by hand.
They may also write a letter containing
the information and hand deliver it to
the area office, or send it by mail or
facsimile. In addition, they may provide
the information orally to the OSHA area
office or another party (e.g., a federal
safety and health committee for federal
workers), in which case the area office
or other party completes the hard copy
version of the form. For the typical
situation addressed by paragraph (c), a
worker/worker representative informs
an OSHA compliance officer orally of
the alleged hazard during an inspection,
and the compliance officer then

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