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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices

Act, 42 U.S.C. 9607, against Cross
Nicastro, for recovery of response costs
incurred at the Frankfort Asbestos
Superfund Site. The settlement also
resolves Defendant’s liability under
Section 106(b), 42 U.S.C. 9606(b), and
Section 107(c)(3), 42 U.S.C. 9607(c)(3).
The Site is located at 3720 Southside
Road (Old New York State 5S),
approximately one mile northwest of
the Town of Frankfort, in Herkimer
County, New York. Under the proposed
Consent Decree, Cross Nicastro will pay
$135,000 in past response costs, civil
penalties, and damages to resolve the
United States’ claims.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States of America v. Cross
Nicastro, Case No. 6:17–cv–00745–
GTS–ATB, D.J. Ref. No. 90–11–3–10738/
3. All comments must be submitted no
later than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:

Send them to:

By email .......

pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.

By mail .........

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During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department website: http://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
Consent Decree upon written request
and payment of reproduction costs.
Please mail your request for a paper
copy and payment to: Consent Decree
Library, U.S. DOJ—ENRD, P.O. Box
7611, Washington, DC 20044–7611.
Please enclose a check or money order
for $5.75 (25 cents per page
reproduction cost), payable to the
United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2021–06872 Filed 4–1–21; 8:45 am]
BILLING CODE 4410–15–P

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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0196]

The Vinyl Chloride Standard;
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 the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Vinyl Chloride
Standard.

SUMMARY:

Comments must be submitted
(postmarked, sent, or received) by June
1, 2021.
ADDRESSES:
Electronically: You may submit
comments, including attachments,
electronically at http://
www.regulations.gov, the Federal
eRulemaking Portal. Follow the
instructions online for submitting
comments.
Docket: To read or download
comments or other material in the
docket, go to http://
www.regulations.gov. Documents in the
docket are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (OSHA–2011–0196). OSHA will
place comments and requests to speak,
including personal information, in the
public docket, which may be available
online. Therefore, OSHA cautions
interested parties about submitting
personal information such as Social
Security numbers and birthdates. For
further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance,
DATES:

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OSHA, U.S. Department of Labor,
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of
the 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 in
accordance with the Paperwork
Reduction Act (PRA) (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 (OSH Act) (29 U.S.C. 651 et seq.)
authorizes information collection by
employers as necessary or appropriate
for enforcement of the 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).
The Standard specifies a number of
paperwork requirements. The following
is a brief description of the collection of
information requirements contained in
the Vinyl Chloride (VC) Standard.
(A) Exposure Monitoring
(§ 1910.1017(d)) and (§ 1910.1017(n))
Paragraph 1910.1017(d)(2) requires
employers to conduct exposure
monitoring at least quarterly if the
results show that worker exposures are
above the permissible exposure limit
(PEL), while those exposed at or above
the Action Level (AL) must be
monitored no less than semiannually.
Paragraph (d)(3) requires that employers
perform additional monitoring
whenever there has been a change in VC
production, process, or control that may
result in an increase in the release of
VC.
(B) Written Compliance Plan
(§§ 1910.1017(f)(2) and (f)(3))
Paragraph (f)(2) requires employers
whose engineering and work practice
controls cannot sufficiently reduce
worker VC exposures to a level at or
below the PEL to develop and
implement a plan for doing so.

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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices
Paragraph (f)(3) requires employers to
develop this written plan and provide it
upon request to OSHA for examination
and copying. These plans must be
updated annually.
(C) Respirator Program
(§ 1910.1017(g)(2))
When respirators are required, the
employer must establish a respiratory
protection program in accordance with
§ 1910.134, paragraphs (b) through (d)
(except (d)(1)(iii) and (d)(3)(iii)(B)(1)
and (2)) and (f) through (m). Paragraph
1910.134(c) requires the employer to
develop and implement a written
respiratory protection program with
worksite-specific procedures and
elements for required respirator use.
The purpose of these requirements is to
ensure that employers establish a
standardized procedure for selecting,
using, and maintaining respirators for
each workplace where respirators will
be used. Developing written procedures
ensures that employers develop a
respirator program that meets the needs
of their workers.
(D) Emergency Plan (§ 1910.1017(i))
Employers must develop a written
operational plan for dealing with
emergencies; the plan must address the
storage, handling, and use of VC as a
liquid or compressed gas. In the event
of an emergency, appropriate elements
of the plan must be implemented.
Emergency plans must maximize
workers’ personal protection and
minimize the hazards of an emergency.

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(E) Medical Surveillance
(§ 1910.1017(k))
Paragraph (k) requires employers to
develop a medical surveillance program
for workers exposed to VC in excess of
the action level. Examinations must be
provided in accordance with this
paragraph at least annually. Employers
must also obtain, and provide to each
worker, a copy of a physician’s
statement regarding the worker’s
suitability for continued exposure to
VC, including use of protective
equipment and respirators, if
appropriate.
(F) Communication of VC Hazards
(§ 1910.1017(l))
Under paragraph 1910.1017(l)(1),
Hazard Communication, the employer
shall ensure that at least the following
hazards are addressed: Cancer; central
nervous system effects; liver effects;
blood effects; and flammability. Under
paragraph 1910.1017(l)(1)(iii), the
employer shall include vinyl chloride
and polyvinyl chloride (PVC) in the
program established to comply with the

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Hazard Communication Standard (HCS)
(§ 1910.1200). The employer shall
ensure that each employee has access to
labels on containers of chemicals and
substances associated with vinyl and
polyvinyl chloride and to safety data
sheets, and is trained in accordance
with the provisions of HCS and
paragraph (j) of this section.
(G) Recordkeeping (§ 1910.1017(m))
Employers must maintain worker
exposure and medical records. Medical
and monitoring records are maintained
principally for worker access, but are
designed to provide valuable
information to both workers and
employers. The medical and monitoring
records required by this standard will
aid workers and their physicians in
determining whether or not treatment or
other interventions are needed for VC
exposure. The information also will
enable employers to ensure that workers
are not being overexposed; such
information may alert the employer that
steps must be taken to reduce VC
exposures.
Exposure records must be maintained
for at least 30 years, and medical
records must be kept for the duration of
employment plus 20 years, or for a total
of 30 years, whichever is longer.
Records must be kept for extended
periods because of the long latency
period associated with VC-related
carcinogenesis (i.e., cancer). Cancer
often cannot be detected until 20 or
more years after the first exposure to
VC.
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
the approval of the information
collection requirements contained in the
Vinyl Chloride Standard. The agency is
requesting an adjustment decrease in
the number of burden hours from 604 to

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17409

602, a total reduction of 2 burden hours.
The decrease is a result of the agencies
new method of rounding burden hours.
There is also a decrease in capital costs
from $51,358 to $32,450, a total
decrease of $18,908. The decrease is
primarily due to updated costs for
exposure monitoring samples and
medical examinations.
Type of Review: Extension of a
currently approved collection.
Title: Vinyl Chloride Standard (29
CFR part 1910.1017).
OMB Control Number: 1218–0010.
Affected Public: Business or other forprofits.
Number of Respondents: 28.
Frequency of Responses: On occasion.
Total Responses: 881.
Average Time per Response: Varies.
Estimated Total Burden Hours: 602.
Estimated Cost (Operation and
Maintenance): $32,450.
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.
Please note: While OSHA’s Docket
Office is continuing to accept and
process submissions by regular mail,
due to the COVID–19 pandemic, the
Docket Office is closed to the public and
not able to receive submissions to the
docket by hand, express mail,
messenger, and courier service. All
comments, attachments, and other
material must identify the agency name
and the OSHA docket number (Docket
No. OSHA–2011–0196) 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.
Due to security procedures, the use of
regular mail may cause a significant
delay in the receipt of comments.
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,

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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices

some information (e.g., copyrighted
material) is not publicly available to
read or download from this website.
All submissions, including
copyrighted material, are available for
inspection and copying at the OSHA
Docket Office. Information on using the
http://www.regulations.gov website to
submit comments and access the docket
is available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office at
(202) 693–2350, (TTY (877) 889–5627)
for information about materials not
available from the website, and for
assistance in using the internet to locate
docket submissions.
V. Authority and Signature
James S. Frederick, Principal Deputy
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 March 25,
2021.
James S. Frederick,
Principal Deputy Assistant Secretary of Labor
for Occupational Safety and Health.
[FR Doc. 2021–06796 Filed 4–1–21; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0189]

Servicing Multi-Piece and Single Piece
Rim Wheels; 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 the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Standard on Servicing
Multi-Piece and Single Piece Rim
Wheels. The paperwork provisions of
the Standard includes a requirement
that the manufacturer or a Registered
Professional Engineer certify that
repaired restraining devices and barriers
meet the strength requirements
specified in the Standard and a
requirement that defective wheels and
wheel components be marked or tagged.

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SUMMARY:

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Comments must be submitted
(postmarked, sent, or received) by June
1, 2021.
ADDRESSES:
Electronically: You may submit
comments, including attachments,
electronically at http://
www.regulations.gov, the Federal
eRulemaking Portal. Follow the
instructions online for submitting
comments.
Docket: To read or download
comments or other material in the
docket, go to http://
www.regulations.gov. Documents in the
docket are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (OSHA–2011–0189). OSHA will
place comments and requests to speak,
including personal information, in the
public docket, which may be available
online. Therefore, OSHA cautions
interested parties about submitting
personal information such as Social
Security numbers and birthdates. For
further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Seleda Perryman,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor;
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION:
DATES:

I. Background
The Department of Labor, as part of
the 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 accordance with the
Paperwork Reduction Act of 1995 (PRA)
(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

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1970 (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).
Certification of repair
(§ 1910.177(d)(3)(iv)). This paragraph
requires that when restraining devices
and barriers are removed from service
because they are defective, they shall
not be returned to service until they are
repaired and reinspected. If the repair is
structural, the manufacturer or a
Registered Professional Engineer must
certify that the strength requirements
specified in § 1910.177(d)(3)(i) of the
Standard have been met.
The certification records are used to
assure that equipment has been properly
repaired. The certification records also
provide the most efficient means for
OSHA compliance officers to determine
that an employer is complying with the
Standard.
Marking or tagging of wheel
components (§ 1910.177(e)(2)). This
paragraph requires that defective wheels
and wheel components ‘‘be marked or
tagged unserviceable and removed from
the service area.’’ Under this
requirement, OSHA is providing
employers with sufficient information
from which they can derive the wording
to use in marking the object or
constructing a tag. Therefore, this
provision imposes no paperwork burden
because it falls within the portion of 5
CFR 1320(c)(2) that states, ‘‘The public
disclosure of information originally
supplied by the Federal government to
the recipient for the purpose of
disclosure to the public is not included
within this definition [of ‘collection of
information’]’’.
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;

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