Preclearance Federal Register Notice

60-day FRN.pdf

Process Safety Management of Highly Hazardous Chemicals (29 CFR 1910.119)

Preclearance Federal Register Notice

OMB: 1218-0200

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Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices

If additional information is required
contact: Jerri Murray, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE., Room
3E.405B, Washington, DC 20530.
Dated: March 15, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2016–06223 Filed 3–18–16; 8:45 am]
BILLING CODE 4410–AT–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2012–0039]

The Standard on Process Safety
Management of Highly Hazardous
Chemicals; 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 and revise the Office of
Management and Budget’s (OMB)
approval of the information collection
requirements contained in the Standard
on Process Safety Management (PSM) of
Highly Hazardous Chemicals.
DATES: Comments must be submitted
(postmarked, sent, or received) by May
20, 2016.
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–2012–0039, 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

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SUMMARY:

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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–2012–0039) 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 collection of
information 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

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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 collections of information in the
Standard are necessary for
implementation of the requirements of
the Standard. The information is used
by employers to ensure that processes
using highly hazardous chemicals with
the potential for a catastrophic release
are operated as safely as possible. The
employer must thoroughly consider all
facets of a process, as well as the
involvement of employees in that
process. Employers analyze processes so
that they can identify, evaluate and
control problems that could lead to a
major release, fire, or explosion.
The major information collection
requirements in this Standard include:
Consulting with workers and their
representatives on and providing them
access to process hazard analyses and
the development of other elements of
the standard; developing a written
action plan for implementing employee
participation in process hazard analyses
and other elements of the standard;
completing a compilation of written
process safety information; performing a
process hazard analysis; documenting
actions taken to resolve process hazard
analysis team findings and
recommendations; updating,
revalidating and retaining the process
hazard analysis; developing and
implementing written operating
procedures that are accessible to
workers; reviewing operating
procedures as often as necessary and
certifying the procedures annually;
developing and implementing safe work
practices; preparing training records;
informing contract employers of known
hazards and pertinent provisions of the
emergency action plan; maintaining a
contract worker injury and illness log;
establishing written procedures to
maintain the integrity of and document
inspections and tests of process
equipment; providing information on
permits issued for hot work operations;
establishing and implementing written
procedures to manage process changes;
preparing reports at the conclusion of
incident investigations, documenting
resolutions and corrective measures,
and reviewing the reports with affected
personnel; establishing and
implementing an emergency action
plan; developing a compliance audit
report and certifying compliance; and
disclosing information necessary to

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Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices
comply with the Standard to persons
responsible for compiling process safety
information.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed collection of
information 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
collection of information 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.

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III. Proposed Actions
OSHA is requesting that OMB
approve the proposed extension and
revision of the collections of
information contained in OSHA’s PSM
Standard. The Agency is requesting a
decrease in burden hours of 547,491
hours, from 4,630,107 to 4,082,616
burden hours in the initial year. There
is an ‘‘adjustment’’ reduction of 726,317
hours as a result of reducing the number
of establishments and processes covered
in the existing ICR. This reduction is
offset by a ‘‘program change’’ increase of
178,826 burden hours. The burden hour
increase mainly results from this ICR
including additional establishments as a
result of OSHA (1) revising its
interpretation of the Standard’s retail
exemption, and (2) revising its
enforcement policy on the minimum
concentration of a chemical in a process
needed in order to count that chemical
toward the threshold quantity levels
that trigger coverage under the PSM
Standard.
In subsequent years, OSHA seeks a
2,195,202 burden hours increase from
the initial proposed burden hours from
4,082,616 to 6,277,818 as a result of
including retail exemption and
concentration change establishments in
recurring collections of information
such as updating and revalidating
process hazard analyses.
Type of Review: Revision of a
currently approved collection.
Title: Process Safety Management of
Highly Hazardous Chemicals (PSM) (29
CFR 1910.119).
OMB Control Number: 1218–0200.
Affected Public: Businesses or other
for-profits.

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Number of Respondents: Initial
11,114; Recurring: 11,114.
Frequency of Response: On Occasion:
Annually.
Total Responses: Initial 833,007;
Recurring 832,608.
Average Time per Response: Time
varies per response from three minutes
(.05 hour) to generate and maintain an
employee training record to 55 hours
per process for large establishments to
develop written management of change
procedures and update process safety
operating procedures.
Estimated Total Burden Hours: Initial
4,082,616; Recurring 6,277,818.
Estimated Cost (Operation and
Maintenance (capital)): $0.

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; or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number (OSHA–
2012–0039) for this 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
cautions commenters about submitting
personal information such as their
social security number 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://

Signed at Washington, DC, on March 16,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.

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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).

[FR Doc. 2016–06307 Filed 3–18–16; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Proposed Extension of the Labor
Standards for Federal Service
Contracts-Regulations Information
Collection
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:

The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95). 44 U.S.C. 3056(c)(2)(A). This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Wage
and Hour Division is soliciting
comments concerning its proposal to
extend Office of Management and
Budget (OMB) approval of the
Information Collection: Labor Standards
for Federal Service Contracts—
Regulations 29 CFR, Part 4. A copy of
the proposed information request can be

SUMMARY:

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