60-Day-FRNotice 1218-0237

60-Day FRNotice 1218-0237.pdf

Special Dipping and Coating Operations (Dip Tanks) (29 CFR 1910.126(g)(4))

60-Day-FRNotice 1218-0237

OMB: 1218-0237

Document [pdf]
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Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices
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.

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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 decrease in burden hours
from 370 hours to 335 hours. The
decrease is the result of a slight decrease
in the number of impacted secondaryuse plants and a reduction in workers
receiving initial medical examinations,
receiving exposure monitoring training,
and requesting access to records. There
is an overall adjustment decrease in
capital costs of $3,802 (from $27,982 to
$24,180) resulting from a decrease in the
cost to analyze a sample of airborne
MDA from $119 to $87 each. However,

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the cost of a medical exam increased
from $187 to $207.
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 MDA
Standard.
Type of Review: Extension of a
currently approved collection.
Title: 4,4′-Methylenedianiline
Standard for General Industry (29 CFR
1910.1050).
OMB Control Number: 1218–0184.
Affected Public: Business or other forprofits; Not-for-profit organizations;
Federal Government; State, Local, or
Tribal Government.
Number of Respondents: 10.
Total Responses: 574.
Frequency: On occasion.
Average Time per Response: Varies
from 5 minutes (.08 hour) for employers
to provide information to the physician
to 1.5 hours to review and maintain a
compliance plan.
Estimated Total Burden Hours: 335.
Estimated Cost (Operation and
Maintenance): $24,180.

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 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://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 the Web site, and for
assistance in using the Internet to locate
docket submissions.

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 (Docket
No. OSHA–2012–0040) for the ICR. 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

Signed at Washington, DC, on March 7,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.

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V. Authority and Signature
David Michaels, Ph.D., MP, 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).

[FR Doc. 2016–05486 Filed 3–10–16; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0020]

Additional Requirements for Special
Dipping and Coating Operations (Dip
Tanks); Extension of the Office of
Management and Budget’s (OMB)
Approval of the Information Collection
(Paperwork) Requirement
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 (OMB) approval of the
information collection requirement
specified in its Standard on Dipping and
Coating Operations (Dip Tanks) (29 CFR
1910.126(g)(4)).
DATES: Comments must be submitted
(postmarked, sent, or received) by May
10, 2016.
ADDRESSES: Electronically: You may
submit comments and attachments
SUMMARY:

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Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices

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–2010–0020,
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 the OSHA
docket number (OSHA–2010–0020) 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

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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 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 Standard on Dipping and Coating
Operations (29 CFR 1910.126(g)(4))
requires employers to post a
conspicuous sign near each piece of
electrostatic detearing equipment that
notifies employees of the minimum safe
distance they must maintain between
goods undergoing electrostatic detearing
and the electrodes or conductors of the
equipment used in the process. Doing so
reduces the likelihood of igniting the
explosive chemicals used in
electrostatic detearing operations.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirement is necessary for
the proper performance of the Agency’s
functions to protect workers, including
whether the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirement,
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 requirement contained in the

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Standard on Additional Requirements
for Special Dipping and Coating
Operations (Dip Tanks) (29 CFR
1910.126(g)(4)). The Agency is
requesting to retain its previous burden
hour estimate of one (1) hour. This
provision requires the employer to
determine how far away goods being
electrostatically deteared should be
separated from electrodes or conductors.
This distance is called the ‘‘safe
distance.’’ This minimum distance must
be displayed conspicuously on a sign
located near the equipment.
OSHA has determined that where
electrostatic equipment is being used,
the information has already been
ascertained and that the ‘‘safe distance’’
has been displayed on a sign in a
permanent manner. The Agency does
not believe that this equipment is
currently being manufactured or used
due to changes in technology. OSHA
does not believe there is any burden
associated with the information
collection requirement in the provision
and is, therefore, estimating zero burden
hours and no cost to the employer.
The Agency will summarize the
comments submitted in response to this
notice, and will include this summary
in the request to OMB.
Type of Review: Extension of a
currently approved information
collection.
Title: Additional Requirements for
Special Dipping and Coating Operations
(Dip Tanks) (29 CFR 1910.126(g)(4)).
OMB Control Number: 1218–0237.
Affected Public: Business or other forprofits; Federal Government; State,
Local, or Tribal Government.
Number of Respondents: 1.
Frequency of Recordkeeping: On
occasion.
Total Responses: 1.
Average Time per Response: 0.
Estimated Total Burden Hours: 1.
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–2010–0020).
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

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Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices
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.
Due to 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 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://
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 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).

asabaliauskas on DSK3SPTVN1PROD with NOTICES

Signed at Washington, DC, on March 7,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2016–05487 Filed 3–10–16; 8:45 am]
BILLING CODE 4510–26–P

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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket Nos. OSHA–2014–0025, 0026,
OSHA–2015–0004, 0007, 0011, 0016, 0023]

Authorization To Open Dockets of
Denied Variance Applications for
Public Access
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:

In this notice, OSHA
announces its intent to update the
publication of the dockets of variance
applications that it denied in the period
from 2014 to 2015. Previously OSHA
published a Federal Register notice
announcing the denied variance
application dockets for the 2010 to 2014
(79 FR 76387) period. OSHA is making
this information available to the public
to enhance transparency concerning the
variance process, to assist the public in
understanding the variance process, and
to reduce errors in applying for future
variances.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room N–3647, Washington, DC 20210;
telephone: (202) 693–1999; email:
[email protected].
General and technical information:
Contact Mr. Kevin Robinson, Director,
Office of Technical Programs and
Coordination Activities, Directorate of
Technical Support and Emergency
Management, Occupational Safety and
Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–3655, Washington, DC 20210;
phone: (202) 693–2110 or email:
[email protected].
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background
The principal objective of the
Occupational Safety and Health Act of
1970 (‘‘the OSH Act’’) is ‘‘to assure so
far as possible every working man and
woman in the Nation safe and healthful
working conditions and to preserve our
human resources’’ (29 U.S.C. 651 et
seq.). In fulfilling this objective, the
OSH Act authorizes the implementation
of ‘‘such rules and regulations as [the
Assistant Secretary of Labor for
Occupational Safety and Health] may
deem necessary to carry out [his/her]
responsibilities under this Act’’ (29
U.S.C. 657(g)(2)).

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Under several provisions of the OSH
Act, employers may apply for four
different types of variances from the
requirements of OSHA standards.
Employers submit variance applications
voluntarily to OSHA, and the
applications specify alternative means
of complying with the requirements of
OSHA standards. The four types of
variances are temporary, experimental,
permanent, and national-defense
variances. OSHA promulgated rules
implementing these statutory provisions
in 29 CFR part 1905 (‘‘Rules of Practice
for Variances, Limitations, Variations,
Tolerances, and Exemptions under the
William-Steiger Occuptional Safety and
Health Act of 1970’’). The following
paragraphs further describe each of
these four types of variances.
Temporary variance.1 This variance
delays the date on which an employer
must comply with requirements of a
newly issued OSHA standard. The
employer must submit the variance
application to OSHA after OSHA issues
the standard, but prior to the effective
date of the standard. In the variance
application, the employer must
demonstrate an inability to comply with
the standard by its effective date
‘‘because of unavailability of
professional or technical personnel or of
materials and equipment needed to
come into compliance with the standard
or because necessary construction or
alteration of facilities cannot be
completed by the effective date.’’
Employers also must establish that they
are ‘‘taking all available steps to
safeguard [their] employees against the
hazards covered by the standard,’’ and
that they have ‘‘an effective program for
coming into compliance with the
standard as quickly as practicable.’’ (29
U.S.C. 655(b)(6)(A)).
Experimental variance.2 OSHA may
grant this variance as an alternative to
complying with the requirements of a
standard whenever it determines that
the variance ‘‘is necessary to permit an
employer to participate in an
experiment . . . designed to demonstrate
or validate new and improved
techniques to protect the health or
safety of employees.’’ (29 U.S.C.
655(b)(6)(C)).
Permanent variance.3 This variance
authorizes employers (or groups of
employers) to use alternative means of
complying with the requirements of
OSHA standards when the employers
demonstrate, with a preponderance of
1 See Section 6(b)(6)(A) of the OSH Act (29 U.S.C.
655) and 29 CFR 1905.10.
2 See Section 6(b)(6)(C) of the OSH Act (29 U.S.C.
655).
3 See Section 6(d) of the OSH Act (29 U.S.C. 655)
and 29 CFR 1905.11.

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